Opinion
No. 2009-0170.
March 25, 2009.
Geauga App. Nos. 2008-G-2826, 2008-G-2827, and 2008-G-2828, 2008-Ohio-5531.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals' Order filed January 6, 2009:
"When a written instrument sets forth a specific rate of interest to be paid, and there is a default in the payment of that interest, is the creditor entitled to compound interest, even absent a statute "or provision therefor in the written instrument, pursuant to the rule in State ex rel. Bruml v. Brooklyn (1943), 141 Ohio St. 593?"
PFEIFER and O'DONNELL, JJ., dissent.
The conflict case is Thirty Four Corp. v. Sixty Seven Corp. (1993), 91 Ohio App.3d 818.
Sua sponte, cause consolidated with 2008-2363, Mayer v. Medancic, Geauga App. Nos. 2008-G-2826, 2008-G-2827, and 2008-G-2828, 2008-Ohio-5531.
The motion to dismiss is denied.