STATE, EX REL. BARAN, v. FUERST

No. 89-1176.

55 Ohio St. 3d 94 (1990)

THE STATE, EX REL. BARAN, APPELLANT, v. FUERST, CLERK OF COMMON PLEAS COURT, CUYAHOGA COUNTY, APPELLEE.

Supreme Court of Ohio.

Decided December 5, 1990.


Attorney(s) appearing for the Case

Paul Mancino, Jr. and Edward Galaska, for appellant.

John T. Corrigan, prosecuting attorney, and Michael P. Butler, for appellee.


Per Curiam.

Baran contends that the court of appeals erred in dismissing his complaint. For the reasons that follow, we agree.

Baran first argues that the judgment entered below is invalid because only two judges disposed of the motion to dismiss. He maintains that pursuant to R.C. 2501.012(A), three judges must decide a case. In part, this statute provides that "[i]n the eighth district, any three judges shall comprise the court of appeals in the hearing...

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