Klickovich v. State Medical Board of Ohio

Summary

The Tenth District Court of Appeals of Ohio grants Robert Klickovich’s application for reconsideration of its prior decision in his challenge to disciplinary action by the State Medical Board of Ohio. The court concludes that the issues raised in his second assignment of error were not moot and directs the trial court to consider and resolve those issues on remand, along with conducting the required review under R.C. 119.

Holdings

1. The application for reconsideration satisfied App.R. 26(A)(1) because the court's prior mootness determination was erroneous.
2. The appellate court should not resolve the second assignment of error because the trial court had not decided the underlying issues; those issues must first be considered and resolved by the trial court on remand.

Questions Presented

1. Whether the court's prior determination that appellant's second assignment of error was moot constituted an obvious error warranting reconsideration under App.R. 26(A)(1).
2. Whether the appellate court should resolve the second assignment of error itself or remand the unresolved issues to the trial court for initial consideration.

Disposition

remanded