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Wednesday
Mar262014

Ohio Supreme Court Affirms Court of Appeals Decision Involving a Potential Class Action Suit Against CWP&G Client, the Berea Municipal Court Clerk of Court

CWP&G is pleased to announce that the Ohio Supreme Court affirmed the decision of the Eighth District Court of Appeals which ordered that the purported class action lawsuit filed in September 2006 against Raymond J. Wohl, Clerk of Court of the Berea Municipal Court, be dismissed.  The class action lawsuit sought refunds of alleged improper court costs assessed against misdemeanor defendants who had come before the various municipal courts throughout the State of Ohio.  The Ohio Supreme Court agreed with the Berea Municipal Court and found that a common pleas court has no power to vacate an order rendered by a municipal court.  The Court's decision brings much needed finality to all previously resolved and unappealed municipal court decisions as it relates to the assessment of court costs.  The Berea Municipal Court was represented by CWPT&G attorney Scott D. Simpkins.  A copy of the Ohio Supreme Court decision can be found at http://www.sconet.stste.oh.us/ROD/docs/pdf/0/2014/2014-Ohio-1052.pdf.