Levengood v. Transfuel, Inc. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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LEVENGOOD V. TRANSFUEL, INC., APPELLEE; LEVENGOOD ET AL., APPELLANTS.
[Cite as Levengood v. Transfuel, Inc. (1996), ___ Ohio St.3d ___.]
Motions for discretionary appeal and for fees and costs denied.

(No. 96-93 -- Submitted May 7, 1996 -- Decided June 19, 1996.)

APPEAL from the Court of Appeals for Tuscarawas County, No.
95AP060044.
_________

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A.,
Richard M. Knoth and Jayne L. Jakubaitis, for appellee.

Joseph I. Tripodi Co., L.P.A., and Joseph I. Tripodi; Charles E.
Lorenz II, for appellants, Tim Levengood et al.
_________

The cause is before the court on a motion for discretionary appeal
and on a motion by Transfuel, Inc. for fees and costs. The motions are
denied.

DOUGLAS, RESNICK, F,.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., and COOK, J., dissent.

STRATTON, J., not participating.

COOK, J., dissenting. I respectfully dissent from the court's denial of
the motion for costs and fees. Appellants have filed an appeal raising this
identical issue on at least three different occasions Each time, the Court of
Appeals for the Fifth District has dismissed the appeal for lack of a final
appealable order. This court has previously declined to accept jurisdiction
of this case. Levengood v. Levengood (1995), 74 Ohio St.3d 1475, 647
N.E.2d 783. The memorandum in support of jurisdiction filed here is
simply a copy of the one filed when we declined jurisdiction. Based upon
those repeated and frivolous filings, I would award defendant-appellees,
Transfuel, Inc., costs and fees.

MOYER, C.J., concurs in the foregoing dissenting opinion.

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