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MANLEY v. MARSICO

No. 2006-1263.

116 Ohio St.3d 85 (2007)

2007-Ohio-5543

MANLEY, APPELLEE, v. MARSICO, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided October 24, 2007.

Attorney(s) appearing for the Case

Baker Fister, L.L.C., Wilburn L. Baker, and Anna S. Fister, for appellee.

Reminger & Reminger Co., L.P.A., G. Michael Romanello, and Amy S. Thomas, for appellant.

Bricker & Eckler, L.L.P., Catherine Ballard, Anne Marie Sferra, and Daniel C. Gibson, urging reversal for amici curiae, Ohio Hospital Association, Ohio State Medical Association, and Ohio Osteopathic Association.

CUPP, J.

{¶ 1} In this discretionary appeal, we consider whether a trial court's denial of a motion to dismiss because a plaintiff failed to file an affidavit of merit contemporaneously with the complaint as required by Civ.R. 10(D)(2) is an appealable provisional remedy under R.C. 2505.02(A)(3) and (B)(4). For the reasons that follow, we hold that it is not.

I. Background and Case Procedure

{¶ 2}...

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