STURM v. STURM

No. 90-1578.

61 Ohio St.3d 298 (1991)

STURM, APPELLEE, v. STURM, APPELLANT.

Supreme Court of Ohio.

Decided July 31, 1991.


Attorney(s) appearing for the Case

James B. Davis, Dworken & Bernstein Co., L.P.A., Howard W. Bernstein and Patrick J. Perotti, for appellee.

Kelley, McCann & Livingstone, James M. Wilsman, Steven A. Goldfarb, Linda M. Mette, Hahn Loeser & Parks, John E. Schoonover and Jeffrey D. Van Niel, for appellant.


WRIGHT, J.

This case presents for resolution a single issue of law: whether a waiver signed by the parties in a case is binding when the same case is dismissed and refiled in another county.1

Appellee contends, and the courts below agreed, that the phrase "this case only" in the waiver restricts the effectiveness of that waiver to case No. 87-D-179824, the Cuyahoga County case. With the dismissal of that case, appellee asserts...

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