Superior Metal Prods., Inc. v. Adm'r, Ohio Bureau of Emp. Servs., 324 N.E.2d 179 (Ohio 1975). · Go Syfert
Superior Metal Prods., Inc. v. Adm'r, Ohio Bureau of Emp. Servs., 324 N.E.2d 179 (Ohio 1975). Cases Citing This Book View Copy Cite
100 citation events (35 in the last 25 years) across 3 distinct courts.
Strongest positive: Klickovich v. State Med. Bd. of Ohio
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (verbatim quote) Klickovich v. State Med. Bd. of Ohio
unknown court · 2025 · quote attribution · 1 verbatim quote · confidence high
this court holds that the power to reverse and vacate decisions necessarily includes the power to remand the cause to the decision maker.
examined Cited as authority (verbatim quote) Barga v. St. Paris Village Council (2×)
Ohio · 2024 · quote attribution · 2 verbatim quotes · confidence high
this court holds that the power to reverse and vacate decisions necessarily includes the power to remand the cause to the decision maker.
discussed Cited as authority (rule) Cleveland Skydiving Ctr., Inc. v. Troy Twp. Bd. of Zoning Appeals
Ohio Ct. App. · 2025 · confidence medium
In Superior Metal Products, Inc. v. Administrator of the Ohio Bureau of Employment Services, 41 Ohio St.2d 143, 146 (1975), the Supreme Court of Ohio determined that “a court’s remand effectuates a revival of jurisdiction over a cause which may enable the subordinate tribunal or administrative body to conduct further proceedings and to render a new decision.” Accord Stace Dev., Inc. v. Welling Twp.
discussed Cited as authority (rule) Richard J. Conie Co. v. W. Jefferson Village Council
Ohio Ct. App. · 2023 · confidence medium
Serv., et al., 41 Ohio St.2d 143, 146 (1975) (a common pleas court's remand "effectuates a revival of jurisdiction over a cause which may enable the * * * administrative body to conduct further proceedings and to render a new decision"); Dovetail Energy, L.L.C. v. Bath Twp.
cited Cited as authority (rule) State ex rel. Unterbrink v. Elida Local Schools Bd. of Edn.
Ohio Ct. App. · 2020 · confidence medium
Servs., 41 Ohio St.2d 143, 146 (1975).
discussed Cited as authority (rule) Guru Pramukh Swami, Inc. v. Ohio Lottery Comm.
Ohio Ct. App. · 2020 · confidence medium
Since “remand” is not listed in R.C. 119.12(N), GPSI argues that this option is not available to a court of common pleas in disposing of administrative appeals brought under R.C. 119.12(N). {¶11} However, in Superior Metal Products, Inc. v. Administrator Ohio Bureau of Employment Services, the Supreme Court of Ohio considered whether a court of common pleas had the authority to remand a matter back to an administrative board pursuant to R.C. 4141.28(O).3 Superior Metal Products, 41 Ohio St.2d 143, 145-146 , 324 N.E.2d 179, 181 (1975).
cited Cited as authority (rule) Neary v. Board of Zoning Appeals, Moraine, Unpublished Decision (7-30-1999)
Ohio Ct. App. · 1999 · confidence medium
Superior Metal , supra at 146.
discussed Cited as authority (rule) State ex rel. Westbrook v. Ohio Civil Rights Commission
Ohio · 1985 · confidence medium
This argument ignores this court’s statement in Superior Metal Products v. Adm. Bur. of Employment Services (1975), 41 Ohio St. 2d 143, 146 [ 70 O.O.2d 263 ], that “the power to reverse and vacate decisions necessarily includes the power to remand the cause to the decision maker.” Likewise, relator’s argument that this right to appeal is an inadequate remedy at law because the appeal process is cumbersome must be rejected.
discussed Cited as authority (rule) Hessley v. Giles
Ohio Ct. App. · 1985 · confidence medium
Superior Metal Products, Inc. v. Admr., Ohio Bureau of Employment Services (1975), 41 Ohio St. 2d 143, 146 [ 70 O.O.2d 263 ], The judgment of the trial court did find the board’s decision unlawful and, thus, remanded the case for further proceedings.
Superior Metal Products, Inc.
v.
Administrator, Ohio Bureau of Employment Services
No. 74-238.
Ohio Supreme Court.
Feb 26, 1975.
324 N.E.2d 179
Messrs. Gooding, Evans & Huffman and Mr. John B. Evans, for appellee., Mr. William J. Brown, attorney general, Mr. James E. TJ prichard, Jr., Mr. John F. Livorno, and Mr. W. Sean Kelleher, for appellant Bureau of Employment Services., Mr. Robert Wiesenmayer, for appellant Sarah Frances Guess.
Brown, Celebrezze, Corrigan, Herbert, Neiül, Only, Stern.
Cited by 39 opinions  |  Published
Per Curiam.

Appellants contend: (1) That the Court of Appeals improperly substituted its judgment for that of the board on questions of fact; (2) that a court lacks power to remand a cause to the board; and (3) that the board lacks power to conduct further proceedings upon remand from a court. We disagree.

R. C. 4141.28(0), in pertinent part, provides:

“* * *If the court [of common pleas] finds that the decision [of the board] was unlawful, unreasonable, or against the manifest weight of the evidence, it shall reverse and vacate such decision or it may modify such decision and enter final judgment in accordance with such modification ; otherwise such court shall affirm such decision. ’ ’

Pursuant to App. R. 12 (B), a Court of Appeals, on review, has power to render the judgment which the Court of Common Pleas should have rendered.

Here, the court found that the board’s decision was unreasonable and against the manifest weight of the evidence. After so finding, the court was required to reverse and vacate the board’s decision, and this court declines to reconsider the question of the weight of the evidence. Brown-Brockmeyer Co. v. Roach (1947), 148 Ohio St. 511, 518.

The question of power to remand has recently been considered by this court in Orley v. Kosydar (1974), 40 Ohio St. 2d 97 and Gennaro Pavers v. Kosydar (1974), 38 Ohio St. 2d 174. Both the statute considered herein (R. C. 4141.28 [0]) and in those eases (R. C. 5717.04), provide to a court only three modes for disposing of an appeal: (1) affirm, (2) reverse and vacate, or (3) modify and enter final judgment. However, in Gennaro, this court upheld[*146] the power to remand after noting, in words applicable to this case, that “* * * B. 0. 5717.04 does not deny to the Court of Appeals the power to remand a cause to the Board of Tax Appeals in the event the board’s decision is found to be unreasonable or unlawful, except where a modification of the board’s order is made.”

This court holds that the power to reverse and vacate decisions necessarily includes the power to remand the cause to the decision maker.

Finally, appellants contend that after the decision of an administrative board has been appealed to the court or the time for appeal has expired, the board thereafter loses power to reconsider its decision. We do not question the validity of that proposition,[2] but it has little application to this case. Where an administrative decision has been reversed and vacated, as was done here, that decision is a nullity. Upon remand, the board is deciding anew, rather than reconsidering a prior decision.

This distinction is best illustrated by our judgment in National Tube Co. v. Ayres (1949), 152 Ohio St. 255, which concurrently remanded a cause to the Board of Tax Appeals for further proceedings, and held that the board lost power over its decisions as soon as appeal time expired or the courts assumed jurisdiction of an appeal.

Accordingly, we hold that a court’s remand effectuates a revival of jurisdiction over a cause which may enable the subordinate tribunal or administrative body to conduct further proceedings and to render a new decision.

In view of the foregoing, the judgment of the Court of Appeals is affirmed.

Judgment affirmed.

0 ’NeIÜL, C. J., CORRIGAN, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur. Herbert, J., concurs in the judgment only.
2

See paragraph one of the syllabus in National Tube Co. v. Ayres (1949), 152 Ohio St. 255; paragraph one of the syllabus in State, ex rel. Borsuk, v. Cleveland (1972), 28 Ohio St. 2d 224; State, ex rel. Prayner, v. Indus. Comm. (1965), 2 Ohio St. 2d 120; and the syllabus in Diltz v. Crouch (1962), 173 Ohio St. 367.