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HOLBEN v. OHIO STATE MED. BD.

No. 09AP-215.

185 Ohio App.3d 463 (2009)

2009-Ohio-6323

HOLBEN, Appellee, v. OHIO STATE MEDICAL BOARD, Appellant.

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

Decided December 3, 2009.

Attorney(s) appearing for the Case

Moses Law Offices, L.L.C., and Michael A. Moses, for appellee Gary J. Holben.

Richard Cordray, Attorney General, and Timothy M. Miller, Assistant Attorney General, for appellant Ohio State Medical Board.

BRYANT, Judge.

{¶ 1} Appellant, the Ohio State Medical Board, appeals from a judgment of the Franklin County Court of Common Pleas reversing a decision of the State Personnel Board of Review ("SPBR") that dismissed the appeal of appellee, Gary J. Holben, a former employee of the medical board, for lack of jurisdiction under R.C. 124.03(A)(1). The medical board assigns a single error:

The Common pleas [court] erred when it reversed the decision...

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