Thursday, September 29, 2011
Motion to Reconsider Dismissal in Duvall
The Attorney for US Bank recently filed a motion to reconsider the Ohio Supreme Court's decision to dismiss the certified conflict as being moot. He cited authority that states that when an issue of great public importance remains, the Ohio Supreme Court has decided to hear the conflict even if the case has been rendered moot. I believe there is a flaw in this thought process. A certified conflict cannot be rendered moot by the parties. The appellate decision which was found to conflict with another appellate decision still remains out there. The conflict still exists. The Ohio Supreme Court under Rule of Practice 12.2 could dismiss the certified conflict as not existing; i.e. we made a mistake thinking there was a conflict. The Ohio Supreme Court under Rule of Practice 12.2 could dismiss the certified conflict as being previous determined by the Ohio Supreme Court in a prior case.