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Whitehall ex Rel. v. Bambi Motel

Supreme Court of Ohio
Mar 19, 1999
708 N.E.2d 722 (Ohio 1999)

Opinion

No. 99-333.

Submitted March 18, 1999.

Decided March 19, 1999.

APPEAL from the Court of Appeals for Franklin County, No. 98AP-384.

Charles D. Underwood, Whitehall City Attorney, Charles W. McGowan and Peter F.J. Beagle, Assistant City Attorneys, for appellee.

E. Scott Shaw, Whitehall Special Counsel, for former Whitehall City Attorney Dennis J. Fennessy.

Daniel J. Igoe; and Alba L. Whiteside, for appellants.


This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of the motions to quash by the city of Whitehall and former Whitehall City Attorney Dennis J. Fennessy, it is ordered by the court that the motions to quash subpoenas be, and hereby are, denied.

MOYER, C.J., DOUGLAS, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

RESNICK and LUNDBERG STRATTON, JJ., concur separately.


Although I agree with the majority's ultimate disposition of the plaintiff city of Whitehall's and former Whitehall City Attorney Dennis J. Fennessy's respective motions to quash, I write separately because I believe that the court should sua sponte strike the motions to quash as improperly filed in this court, as opposed to denying the motions.

Both Fennessy and the plaintiff moved to quash the subpoenas pursuant to Civ.R. 45 (C)(3). Civ.R. 45 (C)(3) States:

"On timely motion, the court from which the subpoena was issued shall quash or modify the subpoena * * * if the subpoena does any of the following * * *." (Emphasis added.)

The subpoenas in this case were issued by common pleas and municipal courts. Therefore, pursuant to the plain language of Civ.R. 45 (C)(3), this court has no authority to quash the subpoenas because it did not issue them. Accordingly, I believe it is more proper to sua sponte strike the motions to quash as improperly filed in this court, as opposed to denying them.

RESNICK, J., concurs in the foregoing concurring opinion.


Summaries of

Whitehall ex Rel. v. Bambi Motel

Supreme Court of Ohio
Mar 19, 1999
708 N.E.2d 722 (Ohio 1999)
Case details for

Whitehall ex Rel. v. Bambi Motel

Case Details

Full title:CITY OF WHITEHALL EX REL. FENNESSY, CITY ATTORNEY, APPELLEE, v. BAMBI…

Court:Supreme Court of Ohio

Date published: Mar 19, 1999

Citations

708 N.E.2d 722 (Ohio 1999)
708 N.E.2d 722