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Bentleyville v. Pisani1/30/1995
an an advisory opinion. Claims raised for the first time on appeal are not justiciable because appellate courts do not engage in advisory opinions. Egan v. Natl. Distillers & Chemical Corp. (1986), 25 Ohio St.3d 176, 25 OBR 243, 495 N.E.2d 904. See, also, Frank v. Vulcan Materials Co. (1988), 55 Ohio App.3d 153, 563 N.E.2d 339 (appellate courts are restrained from making premature declarations upon merely potential controversies). Accordingly, Carol Pisani's cross-assignment of error has no merit.
The judgment is reversed and the cause is remanded.
Judgment reversed and cause remanded.
SPELLACY, P.J., and PORTER, J., concur.
_____________________ Footnote:
1 This court does not intend to suggest the charge of telephone harassment requires any form of communication to take place. The act of making a telephone call itself is actionable under R.C. 2917.21(B). The evidence supporting the "purpose to abuse, threaten, annoy, or harass" under R.C. 2917.21(B) is another matter.
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