HCMC, INC. v. ODJFS

No. 08AP-144.

179 Ohio App.3d 707 (2008)

2008-Ohio-6223

HCMC, INC., d.b.a. We Care Medical, Appellee and Cross-Appellant, v. OHIO DEPARTMENT OF JOB AND FAMILY SERVICES, Appellant and Cross-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 2, 2008.


Attorney(s) appearing for the Case

Geoffrey E. Webster, Eric B. Hershberger, and J. Randall Richards, for appellee/cross-appellant.

Nancy H. Rogers, Attorney General, and Henry G. Appel, Assistant Attorney General, for appellant/cross-appellee.

Kegler, Brown, Hill & Ritter, Ralph E. Breitfeller, R. Kevin Kerns, and Jennifer L. Mackanos, for amicus curiae, Omnicare Respiratory Services.


PETREE, Judge.

{¶ 1} Appellant and cross-appellee, Ohio Department of Job and Family Services ("ODJFS," or "agency"), appeals from a judgment of the Franklin County Court of Common Pleas that reversed an order of ODJFS and remanded the matter to the agency. Appellee and cross-appellant, HCMC, Inc., d.b.a. We Care Medical ("HCMC"), cross-appeals. For reasons that follow, we affirm in part and reverse in part the judgment of the common pleas court...

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