WRITING MANUAL - Supreme Court - State of Ohio

HOW TO WRITE GENERAL DISPOSITIONS (CONT.)
The judgment of the appellate court dismissing appellant’s appeal as
untimely is reversed, and the cause is remanded to that court for a
resolution on the merits.
The judgment of the court of appeals is reversed, and the defendant is
discharged.
20.3. Splintered Judgments.
When the judgment is splintered, i.e., when it affirms in part and reverses in part, explain
the result clearly by identifying which portions of the judgment are affirmed and which
are reversed.
HOW TO WRITE SPLINTERED JUDGMENTS
Based on the foregoing, we affirm in part and reverse in part. We affirm
the portion of the judgment holding that venue was proper. However, we
reverse the portion of the judgment upholding the award of punitive
damages, and we remand this cause to the court of appeals for a review
of the award in light of our holding in Arbino.
Therefore, we affirm the judgment of the Franklin County Court of
Appeals on the denial of attorney fees under the Consumer Sales
Practices Act. We reverse the judgment of the court of appeals on the
award of treble damages under the Telephone Consumer Protection Act
and remand this cause to the trial court for application of the
“knowingly” standard of conduct to these facts.
We therefore reverse the judgment of the court of appeals and reinstate
the trial court’s order granting a new trial; however, we affirm the
appellate court with respect to its ruling that agency by estoppel does not
apply.
We affirm the court of appeals’ judgment insofar as it upholds the
finding of liability, but we reverse that part of the judgment upholding
the damages award. This cause is remanded to the trial court for retrial
on the issue of damages only.
The Supreme Court of Ohio 150 Writing Manual