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Brown v. Borchers Ford, Inc.

Brown, Attorney General v. Borchers Ford, Inc.

Brown v. Borchers Ford, Inc., 361 N.E.2d 1063 (Ohio 1977)
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Court
Ohio Supreme Court · State Highest Courts
Decided
April 20, 1977
Docket
No. 76-700
Judges
Brown, Celebrezze, Herbert, Locher, Neill, Sweeney
Citations
361 N.E.2d 106350 Ohio St. 2d 384 Ohio Op. 3d 891977 Ohio LEXIS 370

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The Attorney General presents a question not previously raised in the litigation and thus not ruled upon by the Court of Appeals. Specifically, the Attorney General argues that when he investigates consumer fraud on his own.under R. C. 1345.07, without referral from the Director of Commerce, no requirement of requesting assurance of voluntary compliance is necessary because the provisions of R. C. 1345.06 do not apply.

Certification of the record of the case to the Supreme Court, because of a conflict between judgments of the Courts of Appeals upon any question, brings the entire case, not merely the certified question, before this court for review. Couk v. Ocean Accident & Guar. Corp. (1941), 138 Ohio St. 110 ; Pettibone v. McKinnon (1932), 125 Ohio St. 605 .

The fact that the Attorney General’s argument was- not previously raised does not bar its consideration. Upon appeal, while the reviewing court may disregard the error, the court has authority to consider it.

In Pincelli v. Ohio Bridge Corp. (1966), 5 Ohio St. 2d *40 41 , this court delineated the scope of its review of a case certified because of a conflict, stating at page 44:

“There is no reason for a Court of Appeals to certify its judgment as conflicting with that of another Court of Appeals where, as here, the point upon which conflict exists had no arguable effect upon the judgment of the certifying court. * * *

“Although Section 6, Article IV of the Constitution [now Section 3(B)(4), Article IV] requires this court to review and finally determine cases in which the record has been certified for the reason that the judgment rendered is in conflict with the judgment pronounced upon the same questi oji by another Court of Appeals, this court is not required to resolve immaterial conflicts and will not do so in this case. * * *”

Consideration by the Court of Appeals as to whether the Attorney General is required to request assurance of voluntary compliance when he investigates consumer fraud on his own initiative under R. C. 1345.07 could be determinative of this action. Thus, the existence of the conflict between the judgments of the Courts of Appeals on the necessity of requesting assurance of voluntary compliance under R. C. 1345.06 would not be a proper matter for certification.

Therefore, the cause is remanded to the Court of Appeals for its consideration of the argument raised by the Attorney General concerning the application' of R. C. 1345.-07, and thereby ascertaining the materiality of the existing conflict.

Judgment accordingly.' O’Neill, C. J., Celebrezze, W. Brown, Sweeney and Locher, JJ., concur. Herbert and F. Brown, JJ., concur in the judgment.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

  • (“Certification of the record of the case to the Supreme Court, because of a conflict between judgments of the Courts of Appeals upon any question, brings the entire case, not merely the certified question, before this court for review.”)

Cited by 12 cases

View all citing references →
1978: 11983: 11986: 11988: 32001: 12005: 22006: 12008: 12009: 119782026peak 1988 · 3

Relies on it most ⓘ

  1. Stalnaker v. Bobby589 F. Supp. 2d 905 (N.D. Ohio 2008)
  2. State v. Jones909 N.E.2d 191 (Ohio Ct. App. 2009)
  3. Van Fossen v. Babcock & Wilcox Co.522 N.E.2d 489 (Ohio 1988) · Dissent
  4. Ohio Valley Radiology Associates, Inc. v. Ohio Valley Hospital Ass'n502 N.E.2d 599 (Ohio 1986)
  5. Coulson v. Coulson448 N.E.2d 809 (Ohio 1983) · Concurrence
  6. State v. Volpe527 N.E.2d 818 (Ohio 1988)

Most recent

  1. State v. Jones909 N.E.2d 191 (Ohio Ct. App. 2009)
  2. Stalnaker v. Bobby589 F. Supp. 2d 905 (N.D. Ohio 2008)
  3. State v. Rodriguez, Unpublished Decision (6-30-2006)2006 Ohio 3378 (2006)
  4. Twin City Fire Insurance Company v. Michele Adkins, Michele Adkins v. Twin City Fire Insurance Company Insurance Company of North America First State Insurance Company400 F.3d 293 (1st Cir. 2005)
  5. Twin City Fire Insurance v. Adkins400 F.3d 293 (6th Cir. 2005)
  6. In re Gordon, Unpublished Decision (07-20-2001)Nos. C.A. Case No. 18742, T.C. Case No. A 2001-0079 01. (Ohio Ct. App. July 20, 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Pincelli v. Ohio Bridge Corp., 213 N.E.2d 356 (Ohio 1966) 49
Couk v. Ocean Accident & Guarantee Corp., 33 N.E.2d 9 (Ohio 1941) 44
Pettibone v. McKinnon, 183 N.E. 786 (Ohio 1932) 10

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