Carney v. Shockley

This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Carney v. Shockley , Slip Opinion No. 2016-Ohio-5824.] Court of appeals' judgment affirmed on the authority of Corban v. Chesapeake Exploration, L.L.C., and Walker v. Shondrick-Nau. APPEAL from the Court of Appeals for Jefferson County, No. 14 JE 8, 2014-Ohio-5829.

{¶ 1} The judgment of the court of appeals is affirmed on the authority of Corban v. Chesapeake Exploration, L.L.C., ___ Ohio St.3d ___, 2016-Ohio-5796, ___ N.E.3d ___, and Walker v. Shondrick-Nau, ___ Ohio St.3d ___, 2016-Ohio-5793, ___ N.E.3d ___.

O'CONNOR, C.J., and O'DONNELL, LANZINGER, KENNEDY, and FRENCH, JJ., concur.

PFEIFER and O'NEILL, JJ., dissent.

Critchfield, Critchfield & Johnston, Ltd., Steven J. Shrock, and Clinton Bailey, for appellant Todd H. Carney.

Michael DeWine, Attorney General, Eric E. Murphy, State Solicitor, Samuel C. Peterson, Deputy Solicitor, and Jennifer A. Barrett, Gerald E. Dailey, and Gene D. Park, Assistant Attorneys General, for appellant state of Ohio.

Hanna, Rasnick, Evanchan, Palmisano & Hobson, L.L.C., and Steven R. Hobson II, for appellees.