SCHOTTENSTEIN v. NEWBURGER

Courts of Appeals — Jurisdiction on appeal on questions of low and fact — Specific performance of agreement to sell real estate — Appellants entitled to trial de novo — Appellate jurisdiction remains unchanged until General Assembly acts — Section 6, Article IV, Constitution, 1944.

BY THE COURT.

The first two errors assigned in this court are that the Court of Appeals committed error in denying appellants a trial de novo, and that such court committed error in refusing to admit additional evidence. Youngstown Municipal Ry. Co. v. City of Youngstown, 147 Ohio St. 221, 70 N.E.2d 649, is cited by appellants.

That case decided that, unless and until the General Assembly changes the appellate jurisdiction of the Courts of Appeals, their appellate jurisdiction remains as it was on November 7, 1944, the time the amendment of Section 6, Article IV of the Constitution of Ohio was adopted.

The plaintiffs in the present action for specific performance were entitled to a trial de novo in the Court of Appeals.

For error in sustaining the motion to dismiss the appeal on questions of law and fact, the judgment of the Court of Appeals is reversed and the cause is remanded to that court for a trial de novo. Judgment reversed.

WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.