Opinion
No. 36725
Decided December 21, 1960.
Judgments — Conclusive, when — Cause not relitigated between same parties — Appeal from order of Public Utilities Commission.
APPEAL from the Public Utilities Commission.
ON MOTION to dismiss.
An appeal to this court from an order of the Public Utilities Commission (dated December 31, 1959) entered in a proceeding relative to the operation of a motor transportation company was, on April 27, 1960, dismissed by the court on a jurisdictional ground ( Specialized Transport, Inc., v. Public Utilities Commission, 170 Ohio St. 539), and, on May 4, 1960, a special mandate was sent to the commission to carry the judgment into execution.
On June 24, 1960, appellant filed with the commission what it captioned an "application for a rehearing of the order of the Public Utilities Commission dated December 31, 1959 * * *." The commission, on July 8, 1960, issued an order finding that it was without jurisdiction to consider the purported application for rehearing of June 24, because of the action of this court above referred to, and, sua sponte, struck the application from the files.
On July 26, 1960, a notice of appeal was filed in this court, to which a motion to dismiss was filed. The cause is now before the court on the motion to dismiss "this purported notice of appeal" of July 26.
Messrs. Sanborn, Teichmoeller Brandon and Mr. Louis E. Evans, for appellant.
Mr. Mark McElroy, attorney general, Mr. Herbert T. Maher and Mr. Andrew R. Sarisky, for appellee.
Mr. Vernon L. Stouffer, Mr. Joe F. Asher, Mr. Robert Shertz, Mr. Edwin C. Reminger, Mr. Herbert Baker, Mr. Jack B. Josselson, Mr. Taylor C. Burneson, Mr. Donald A. Brinkworth and Mr. John P. McMahon, for interested parties.
The judgment of this court of April 27, 1960, above referred to, is conclusive, and the cause cannot be relitigated between the same parties.
The motion to dismiss is sustained, and the appeal is dismissed.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.