STATE, EX REL. FITE, v. SADDLER

No. 91-1238.

62 Ohio St.3d 170 (1991)

THE STATE, EX REL. FITE, v. SADDLER, DIRECTOR, SCIOTO COUNTY BOARD OF ELECTIONS, ET AL.

Supreme Court of Ohio.

Opinion announced November 14, 1991.


Attorney(s) appearing for the Case

Mark S. Froehlich, for relator.

Lynn Alan Grimshaw, Prosecuting Attorney, and Mark A. Leventhal, for respondents.

Richard T. Schisler, pro se, urging denial of writ for amicus curiae.


Per Curiam.

We grant respondents' motion for summary judgment and deny the writ.

Respondents first state that summary judgment is appropriate because the only factual issue in dispute—whether Schisler learned that his filing fee was deficient on the evening of February 21, 1991, the last day for filing, or on the next day, February 22, 1991—is immaterial. We agree and find that there is no genuine issue as to any material fact. Civ.R....

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