Missig v. Cleveland Civ. Serv. Comm.
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Missig v. Cleveland Civ. Serv. Comm., Slip Opinion No. 2009-Ohio-5256.] NOTICE 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. SLIP OPINION NO. 2009-OHIO-5256 MISSIG, APPELLANT, v. CITY OF CLEVELAND CIVIL SERVICE COMMISSION ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Missig v. Cleveland Civ. Serv. Comm., Slip Opinion No. 2009-Ohio-5256.] Discretionary appeal accepted, court of appeals judgment reversed on the authority of Lima v. State, and cause remanded to apply Lima v. State. (No. 2009-0790 Submitted September 1, 2009 Decided October 6, 2009.) APPEAL from the Court of Appeals for Cuyahoga County, No. 91699, 2009-Ohio-966. __________________ {¶ 1} The discretionary appeal is accepted. {¶ 2} The judgment of the court of appeals is reversed on the authority of Lima v. State, 122 Ohio St.3d 155, 2009-Ohio-2597, 909 N.E.2d 616, and the cause is remanded to the court of appeals to apply Lima v. State. MOYER, C.J., and PFEIFER, LUNDBERG O DONNELL, LANZINGER, and CUPP, JJ., concur. STRATTON, O CONNOR, SUPREME COURT OF OHIO __________________ Joseph W. Diemert Jr. & Associates Co., L.P.A., Joseph W. Diemert Jr., Thomas M. Hanculak, and Daniel A. Powell, for appellant. ______________________ 2
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