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Stevens v. Ackman3/28/2001
lliamsburg of Cincinnati Mgt. Co., Inc. (1994), 70 Ohio St.3d 281, 286, 638 N.E.2d 991, 995, fn. 1 (Resnick, J., concurring).
Therefore, I decline to join this cumulative point of analysis.
Finally, the procedural disposition of this case is redundant. The majority reverses the court of appeals' determination of its jurisdiction, vacates its order as to the merits of the underlying appeal, and remands the cause to the trial court for further proceedings. This court has in the past most often merely vacated courts of appeals' orders when no final appealable order exists. See, e.g., Walters v. The Enrichment Ctr. of Wishing Well, Inc. (1997), 78 Ohio St.3d 118, 676 N.E.2d 890; Hitchings v. Weese (1997), 77 Ohio St.3d 390, 674 N.E.2d 688; State v. Lambert (1994), 69 Ohio St.3d 356, 632 N.E.2d 511; State v. Crago (1990), 53 Ohio St.3d 243, 559 N.E.2d 1353. This is so because by vacating for want of jurisdiction the judgment of the court of appeals, we implicitly overturn that court's determination regarding its jurisdiction. Therefore, I believe that the correct disposition of this case is simply to vacate the judgment of the court of appeals and to remand this cause to the trial court for further proceedings.
Accordingly, with the exception of the three foregoing points, I concur in the majority's reasoning and consequent disposition of this cause.
Moyer, C.J., concurs in the foregoing opinion.
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