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In re Enforcement of Subpoena Duces Tecum Directed to Peh

Supreme Court of Ohio1999-02-12No. 98-2208
84 Ohio St. 3d 1495

Authorities cited

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Opinion

majority opinion

On October 21,1998, movant, Ohio State Bar Association, filed a motion requesting this court to order Tony Peh to appear before the court to show cause why he failed to obey a subpoena duces tecum issued by the Board of Commissioners on Grievances and Discipline. On November 23,1998, movant filed a notice of the action that respondent had taken to purge himself of contempt. On December 16, 1998, this court ordered that the movant be awarded all costs and fees in this action, including reasonable attorney fees, that the movant incurred in prosecuting this enforcement proceeding. On December 28, 1998, respondent filed a motion to vacate this court’s order of December 16, 1998. Upon consideration thereof,

IT IS ORDERED by the court that the motion to vacate the court’s December 16, 1998 order be, and is, hereby, granted.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this court in this ease shall meet the filing requirements set forth in the Rules of Practice of the Supreme Court of Ohio, including requirements as to form, number, and timeliness of filings.

Moyer, C.J., F.E. Sweeney and Cook, JJ., dissent.