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This is an accelerated calendar case.
Despite appellant's failure to include in his brief a statement of the assigned errors, as required under App. R. 16(A)(2), a review of his brief shows that: one, appellant does not dispute the merits of the trial court's decision; and two, appellant contends the Supreme Court erred in not disqualifying the trial judge for alleged prejudice.
The Supreme Court has specifically held that a court of appeals has no authority to determine issues on the disqualification of trial judges. Beer v. Griffith (1978),
54 Ohio St.2d 440 , 8 O.O. 3d 438,377 N.E.2d 775 . The Ohio Constitution grants exclusive jurisdiction over these issues to the Chief Justice and his designees. It follows from this holding, and from the general principles of appellate review, that a court of appeals cannot reverse a Supreme Court decision on this point.Therefore, the appeal is dismissed for lack of jurisdiction.
Appeal dismissed.
MAHONEY and FORD, JJ., concur.
Document Info
Docket Number: 88-L-13-150
Citation Numbers: 565 N.E.2d 882, 56 Ohio App. 3d 173, 1989 Ohio App. LEXIS 1240
Judges: Christley, Mahoney, Ford
Filed Date: 4/10/1989
Precedential Status: Precedential
Modified Date: 11/12/2024