FARMER v. BERRY

No. 98119.

2012 Ohio 4940

ALLISON L. FARMER, ET AL., PLAINTIFFS-APPELLEES, v. RENEE S. BERRY, ET AL., DEFENDANTS-APPELLANTS.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: October 25, 2012.


Attorney(s) appearing for the Case

Clifford C. Masch , Adam M. Fried , Brian C. Lee , Reminger Co., LPA, 101 West Prospect Avenue, Suite 1400, Cleveland, Ohio 44115, Attorneys for Appellant.

David M. Gareau , Michael R. Gareau & Assoc. Co., LPA, 23823 Lorain Road, Suite 200, North Olmsted, Ohio 44070, Richard W. Dunson , Dunson & Dunson, 21851 Center Ridge Road, Suite 410, Rocky River, Ohio 44116, Mike DeWine , Ohio Attorney General, By: Matthew T. Green , Assistant Attorney General, 30 East Broad Street, 26th Floor, Columbus, Ohio 43215-3428, for Ohio Public Employees Retirement System, Attorneys for Appellees.

BEFORE: Rocco, J., Jones, P.J., and Kilbane, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.

{¶1} This case presents the novel issue of who has the authority to complete, sign, and submit an application for retirement benefits under the Ohio Public Employees Retirement System ("OPERS"). Defendant-appellant Renee S. Berry ("Berry") argues that an attorney, acting on a retirant's behalf, has such authority, even if the retirant has not given that attorney written permission. Plaintiffs...

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