OHIO PYRO v. DEPT. OF COMMERCE

No. 2006-0785.

115 Ohio St.3d 375 (2007)

2007-Ohio-5024

OHIO PYRO, INC., ET AL., APPELLEES, v. OHIO DEPARTMENT OF COMMERCE, DIVISION OF STATE FIRE MARSHAL, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 3, 2007.


Attorney(s) appearing for the Case

Bricker & Eckler, L.L.P., and T. Earl LeVere, for appellees.

Marc Dann, Attorney General, Elise Porter, Acting State Solicitor, Stephen P. Carney, Deputy Solicitor, and Hilary R. Damaser and Susan M. Sullivan, Assistant Solicitors, for appellant Ohio Department of Commerce, Division of State Fire Marshal.

Wiles, Boyle, Burkholder & Bringardner, L.P.A., Michael L. Close, and Dale D. Cook; and W. Scott Simon, for appellants Safety 4th Fireworks, Inc., and Liberty Fireworks, Inc.


O'CONNOR, J.

{¶ 1} This appeal implicates the "collateral attack" doctrine, which disfavors the authority of one court to revisit a judgment of another court, in another proceeding, in other than very limited circumstances. For the reasons that follow, we determine that this case amounts to an impermissible collateral attack on a prior valid judgment. We reverse the judgment of the court of appeals.

Relevant Background

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