2008-Ohio-3825 Van Beusecum v. Continental Builders, Inc. No. 2008-1150.Supreme Court of Ohio. August 1, 2008. Delaware App. No. 06CAE12-0095, 2008-Ohio-2141. MISCELLANEOUS DISMISSALS. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s application for dismissal, It is ordered by the court that the application for […]
Category: Ohio Supreme Court Opinions
STATE v. SCRUGGS, 108 Ohio St.3d 1473 (2006)
2006-Ohio-665, 842 N.E.2d 1053 State v. Scruggs. 2005-2067.Supreme Court of Ohio. February 22, 2006. Hamilton App. No. C-040614. APPEALS NOT ACCEPTED FOR REVIEW
STATE EX REL. McGEE v. COURT OF APPEALS, 103 Ohio St.3d 1523 (2004)
2004-Ohio-5852, 817 N.E.2d 407 STATE EX REL. McGEE v. COURT OF APPEALS, NINTH APPELLATE DISTRICT. No. 2004-1496.Supreme Court of Ohio. November 10, 2004. In Mandamus. On S.Ct.Prac.R. X(5) determination and consideration of respondent’s answer. Cause Page 1524 dismissed. MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON, O’CONNOR and O’DONNELL, JJ., concur.
AKRON BAR ASSN. v. McNERNEY, 122 Ohio St.3d 40 (2009)
2009-Ohio-2374 AKRON BAR ASSOCIATION v. McNERNEY. No. 2008-2470.Supreme Court of Ohio.Submitted February 18, 2009. Decided May 28, 2009. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 07-094. Per Curiam. Page 41 {¶ 1} Respondent, Thomas M. McNerney of Akron, Ohio, Attorney Registration No. 0076108, was admitted […]
HALL-DAVIS v. HONEYWELL, 122 Ohio St.3d 1411 (2009)
2009-Ohio-2751 Hall-Davis v. Honeywell, Inc. No. 2009-0506.Supreme Court of Ohio. June 17, 2009. Champaign App. No. 2008 CA 1, 2009-Ohio-531. APPEALS NOT ACCEPTED FOR REVIEW.
STATE, EX REL. VANA, v. MAPLE HTS. CITY COUNCIL, 54 Ohio St.3d 91 (1990)
561 N.E.2d 909 THE STATE, EX REL. VANA ET AL., APPELLEES, v. MAPLE HEIGHTS CITY COUNCIL ET AL., APPELLANTS. No. 89-160Supreme Court of Ohio.Submitted June 19, 1990 — Decided October 10, 1990. Municipal corporations — Office and officers — Members of city council — Qualifications — City charter provision which prohibits an elected official from […]
MONAHAN v. DUKE REALTY CORP., 119 Ohio St.3d 1412 (2008)
2008-Ohio-3880 Monahan v. Duke Realty Corp. No. 2008-0790.Supreme Court of Ohio. August 6, 2008. Hamilton App. No. C-070318, 2008-Ohio-1113. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. DUNNING, 117 Ohio St.3d 1495 (2008)
2008-Ohio-2028 State v. Dunning. No. 2008-0310.Supreme Court of Ohio. May 7, 2008. Medina App. No. 06CA0087-M, 2007-Ohio-7039. MOTION AND PROCEDURAL RULINGS. On motion for stay of court of appeals’ judgment and for bail. Motion denied.
STATE v. NORMAN, 103 Ohio St.3d 1465 (2004)
2004-Ohio-5056 STATE v. NORMAN. 2004-1097.Supreme Court of Ohio. September 29, 2004. Cuyahoga App. No. 83561, 2004-Ohio-2409. O’Donnell, J., not participating.
BELL TEL. CO. v. P.U.C., 173 Ohio St. 512 (1962)
184 N.E.2d 88 THE OHIO BELL TELEPHONE CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. No. 37318Supreme Court of Ohio. Decided July 5, 1962. Telephone companies — Intrastate toll service jointly rendered by two companies — Division of joint revenue derived therefrom — Methods of apportioning property and related expenses — In […]
STATE MAHONING , v. BD. OF COMMRS., 53 Ohio St.2d 56 (1978)
372 N.E.2d 349 THE STATE, EX REL. MAHONING LAW LIBRARY ASSOCIATION, v. BOARD OF COMMISSIONERS OF MAHONING COUNTY. No. 38867Supreme Court of Ohio. Decided February 1, 1978. Mandamus — Contempt of court — Acts constituting — Failure to comply with court order. IN MANDAMUS. ON MOTION TO SHOW CAUSE. Messrs. Pfau, Comstock Springer and Mr. […]
AM. ENERGY CORP. v. DATKULIAK, 118 Ohio St.3d 1411 (2008)
2008-Ohio-2340 Am. Energy Corp. v. Datkuliak. No. 2008-0309.Supreme Court of Ohio. May 21, 2008. Monroe App. No. 07 MO 3, 174 Ohio App.3d 398, 2007-Ohio-7199. APPEALS NOT ACCEPTED FOR REVIEW. PFEIFER and LANZINGER, JJ., dissent.
MISCELLANEOUS DISMISSALS, 89 Ohio St.3d 1459 (2000)
732 N.E.2d 397Supreme Court of Ohio. 2000. MISCELLANEOUS DISMISSALS Wednesday July 26, 2000. 00-168. State v. Allard. Knox App. No. 93-CA-7. This cause is pending before the court as an appeal from the Court of Appeals for Knox County. Upon consideration of the suggestion of death of appellant, Jerry Lee Allard, filed by appellant’s counsel, […]
STATE v. CLAYTON, 125 Ohio St.3d 1416 (2010)
2010-Ohio-1893 State v. Clayton. No. 2010-0293.Supreme Court of Ohio. May 5, 2010. Montgomery App. No. 22937, 2009-Ohio-7040. Appeals Not Accepted for Review.
STATE v. EVANKOVICH, 126 Ohio St.3d 1618 (2010)
2010-Ohio-5101, 935 N.E.2d 856 State v. Evankovich. No. 2010-1403.Supreme Court of Ohio. October 27, 2010. Mahoning App. No. 09 MA 168, 2010-Ohio-3157. Appeals not Accepted for Review. O’CONNOR and O’DONNELL, JJ., dissent.
STATE v. HAMMOND, 108 Ohio St.3d 1434 (2006)
842 N.E.2d 61, 2006-Ohio-421 State v. Hammond. No. 2005-2361.Supreme Court of Ohio. February 8, 2006. Stark App. No. 2004CA00026, 2005-Ohio-225. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER and LUNDBERG STRATTON, JJ. dissent.
MISCELLANEOUS DISMISSALS, 65 Ohio St.3d 1449 (1992)
601 N.E.2d 42, 43Supreme Court of Ohio. 1992. MISCELLANEOUS DISMISSIALS Thursday, November 5, 1992 92-1595. State ex rel. Greene v. Williams. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s application to dismiss, IT IS ORDERED by the court that said […]
JEFFERY v. JEFFERY, 116 Ohio St.3d 1507 (2008)
2008-Ohio-381 Jeffery v. Jeffery. No. 2007-1927.Supreme Court of Ohio. February 6, 2008. Wayne App. No. 06CA0046, 2007-Ohio-4482. APPEALS NOT ACCEPTED FOR REVIEW O’CONNOR, J., dissents.
McKELLIPS v. INDUS. COMM., 145 Ohio St. 79 (1945)
60 N.E.2d 667 McKELLIPS, APPELLEE v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 30109Supreme Court of Ohio. Decided April 11, 1945. Trial practice — Directed verdict or nonsuit — Motion by defendant at conclusion of plaintiff’s evidence — Motion not renewed at close of all evidence — Issues submitted to trial court as question of fact […]
M.J. KELLEY CO. v. CLEVELAND, 32 Ohio St.2d 150 (1972)
290 N.E.2d 562 THE M.J. KELLEY CO., APPELLEE, v. CITY OF CLEVELAND ET AL., APPELLANTS. No. 72-69Supreme Court of Ohio. Decided December 13, 1972. Administrative agencies — Review of proceedings — Quasi-judicial proceedings contemplated — Administrative action of board not quasi-judicial, when — Proceedings not appealable to Court of Common Pleas — R.C. 2506.01. 1. […]
STATE EX REL. HARMAN v. WAITE, 83 Ohio St.3d 1409 (1998)
State ex rel. Harman v. Waite. 98-1262.Supreme Court of Ohio. August 26, 1998 In Procedendo. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents.
STATE v. BRUNNER, 120 Ohio St.3d 506 (2008)
2008-Ohio-6333, 900 N.E.2d 982 THE STATE EX REL. SKAGGS ET AL. v. BRUNNER, SECY. OF STATE, ET AL. No. 2008-2206.Supreme Court of Ohio.Submitted December 2, 2008. Decided December 5, 2008. IN MANDAMUS. Per Curiam. {¶ 1} This is an original action for a writ of mandamus to (1) compel respondent Secretary of State Jennifer L. […]
EXTENDICARE HEALTH SERVICES v. RYAN, 2009-0922 (6-8-2010)
2010-Ohio-2549 State ex rel. Extendicare Health Services, Inc. v. Ryan, Slip Opinion No. 2010-Ohio-2452. No. 2009-0922.Supreme Court of Ohio. June 8, 2010. MERIT DECISIONS WITH OPINIONS In Mandamus. Limited writ granted. Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur. Brown, C.J., not participating. Page 1
STATE v. DAVIS, 128 Ohio St.3d 1525 (2011)
2011-Ohio-2940, 949 N.E.2d 15 State v. Davis. No. 2011-0538.Supreme Court of Ohio. June 17, 2011. Butler App. No. CA2009-10-263, 2011-Ohio-787. Motion and Procedural Rulings. This cause is pending as a death penalty appeal from the Court of Appeals for Butler County. Upon consideration of the motion for admission pro hac vice of Alan M. Freedman, […]
PORTIS v. SUMMIT CTY. BD. OF ELECTIONS, 67 Ohio St.3d 590 (1993)
621 N.E.2d 1202 PORTIS, APPELLEE, v. SUMMIT COUNTY BOARD OF ELECTIONS, APPELLEE; TARLE, APPELLANT. No. 93-1933Supreme Court of Ohio. Submitted and decided October 15, 1993 — Opinion announced october 25, 1993.[*] [*] Reporter’s Note: The decision in this case was announced on October 15, 1993, “consistent with the opinion to follow.” See 67 Ohio St.3d […]
SWOGGER v. MAXWELL, 176 Ohio St. 415 (1964)
200 N.E.2d 313 SWOGGER v. MAXWELL, WARDEN. No. 38797Supreme Court of Ohio. Decided July 1, 1964. Criminal law — Competency of counsel not cognizable in habeas corpus proceeding — Ability of trial judge as affecting conviction — Regularity of process by which accused apprehended — Conviction not affected thereby. IN HABEAS CORPUS. This is an […]
STATE v. KNEPPER, 126 Ohio St.3d 54 (2010)
2010-Ohio-2695 THE STATE OF OHIO, APPELLANT v. KNEPPER, APPELLEE. No. 2009-1838.Supreme Court of Ohio.Submitted May 12, 2010. Decided June 17, 2010. APPEAL from the Court of Appeals for Summit County, No. 24682, 184 Ohio App.3d 416, 2009-Ohio-5159. {¶ 1} The judgment of the court of appeals is affirmed on the authority of State v. Massien, […]
MISCELLANEOUS DISMISSALS, 97 Ohio St.3d 1499 (2002)
780 N.E.2d 1023Supreme Court of Ohio. 2002. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions December 31, 20022002-1542. State ex rel. Ramirez-Garcia v. Pagan. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relator’s response to the show-cause order issued by this court […]
STATE EX REL. GROSS v. INDUS. COMM., 113 Ohio St.3d 1420 (2007)
2007-Ohio-1280 State ex rel. Gross v. Indus. Comm. No. 2005-1689.Supreme Court of Ohio. March 22, 2007. Franklin App. No. 04AP-756. Motion and Procedural Rulings Upon consideration of appellee David M. Gross’s motion for reconsideration and appellee David M. Gross’s request for oral argument, It is ordered by the court, sua sponte, that oral argument shall […]
CRAMER v. COHEN, 112 Ohio St. 731 (1925)
149 N.E. 136 CRAMER ET AL. v. COHEN. No 18924Supreme Court of Ohio. Decided May 5, 1925. Supreme Court — Affirmances — Findings of facts supported by evidence. ERROR to the Court of Appeals of Hamilton county. Mr. Julius R. Samuels and Mr. S.A. Headley, for plaintiffs in error. Messrs. Bettman, Riesenberg, Cohen Steltenpohl and […]
IN RE ESTATE OF SCHIFFERLY, 177 Ohio St. 181 (1964)
IN RE ESTATE OF SCHIFFERLY No. 39084Supreme Court of Ohio. Decided December 16, 1964. APPEAL from the Court of Appeals for Paulding County. Per Curiam. The appeal as of right herein is dismissed sua sponte for the reason that no substantial constitutional question is involved. TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH, HERBERT and GIBSON, JJ., […]
HENDERSON v. SAFFOLD, 126 Ohio St.3d 1603 (2010)
2010-Ohio-4928, 935 N.E.2d 48 Henderson v. Saffold. No. 2010-1098.Supreme Court of Ohio. October 13, 2010. In Habeas Corpus. Reconsideration of Prior Decisions. Reported at 126 Ohio St.3d 1540, 2010-Ohio-3855, 932 N.E.2d 336. On motion for reconsideration. Motion denied.
IN RE RESIGNATION OF GARRETT, 2010-1723 (11-24-2010)
2010-Ohio-5727 In re Resignation of Garrett. No. 2010-1723.Supreme Court of Ohio. November 24, 2010. DISCIPLINARY CASES On affidavit of resignation from the practice of law of William Anthony Garrett, Attorney Registration No. 0031559, and on report filed under seal by Disciplinary Counsel. Resignation accepted with disciplinary action pending. Page 2
PROTESTANTS O.A.U. v. ESSEX, 28 Ohio St.2d 79 (1971)
275 N.E.2d 603 PROTESTANTS AND OTHER AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE ET AL., APPELLANTS, v. ESSEX ET AL., APPELLEES. No. 70-583Supreme Court of Ohio. Decided November 24, 1971. Constitutional law — R.C. 3317.06 (H), constitutional — School foundation program — Administration of funds — Distribution of payments for educational programs and special […]
STATE v. BUCKLEY, 16 Ohio St.2d 128 (1968)
243 N.E.2d 66 THE STATE OF OHIO, APPELLEE, v. BUCKLEY ET AL., D.B.A. BUCKLEY’S AUTO WRECKING, APPELLANTS; SAXBE, ATTORNEY GENERAL, APPELLEE, ET AL. No. 68-5Supreme Court of Ohio. Decided December 31, 1968. Junk yards — Outside a municipality — To be obscured from view — Sections 4737.05 and 4737.07, Revised Code — “Obscured” construed as […]
BOULGER v. EVANS, 54 Ohio St.2d 371 (1978)
377 N.E.2d 753 BOULGER, ADMR., APPELLANT, v. EVANS ET AL.; ROLL, APPELLEE. No. 77-378Supreme Court of Ohio. Decided June 21, 1978. Probate — Will construction — Necessary parties — State of Ohio. The state of Ohio is not a necessary party in an action to construe a will where there has been no prior judicial […]
PENNSYLVANIA RD. CO. v. THOMAS, 25 Ohio St.2d 228 (1971)
267 N.E.2d 795 THE PENNSYLVANIA RD. CO. ET AL., APPELLEES, v. THOMAS, AUD., ET AL., APPELLANTS. Nos. 70-494 to 70-496, 70-498, 70-500 to 70-514, 70-520 to 70-531, 70-542 and 70-572Supreme Court of Ohio. Decided March 17, 1971. Taxation — Appeal to Supreme Court — R.C. 5717.04 — Parties. In an appeal by a taxpayer from […]
STATE v. MARTIN, 121 Ohio St.3d 1409 (2009)
2009-Ohio-805 State v. Martin. No. 2008-2242.Supreme Court of Ohio. March 4, 2009. Franklin App. No. 08AP-383, 2008-Ohio-5259. APPEALS NOT ACCEPTED FOR REVIEW.
TOLEDO BLADE CO. v. SENECA CTY. BD. OF COMMRS., 116 Ohio St.3d 1403 (2007)
2007-Ohio-6058 State ex rel. Toledo Blade Co. v. Seneca Cty. Bd. of Commrs. No. 2007-1694.Supreme Court of Ohio. November 15, 2007. In Mandamus. MEDIATION REFERRALS The following case has been referred to mediation pursuant to S.Ct.Prac. R. XIV(6):
STATE v. MASSEY, 105 Ohio St.3d 1414 (2005)
2005-Ohio-354, 822 N.E.2d 370 STATE v. MASSEY. No. 2004-1274.Supreme Court of Ohio. Decided February 4, 2005. Stark App. No. 2003-CA-00373, 2004-Ohio-3257. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal Page 1415 from the Court of Appeals for Stark County. IT IS ORDERED by the court, sua sponte, that this […]
DISMISSALS, SUA SPONTE, 89 Ohio St.3d 1447 (2000)
731 N.E.2d 1135Supreme Court of Ohio. 2000. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED. July 14, 200099-2151. Alder v. Eli Lilly Co. Summit App. No. 19400. On motion for admission pro hac vice by Douglas M. Mansfield for James M. Beck for Product Liability Advisory Council, Inc.; motion […]
STATE v. DeSELLEMS, 108 Ohio St.3d 1415 (2006)
2006-Ohio-179, 841 N.E.2d 319 State v. DeSellems. 2005-1882.Supreme Court of Ohio. January 25, 2006. Lake App. No. 2004-L-057, 2005-Ohio-4334. APPEALS NOT ACCEPTED FOR REVIEW Page 1416
WALBORN v. FIREPROOFING CO., 147 Ohio St. 507 (1947)
72 N.E.2d 95 WALBORN, APPELLEE v. THE GENERAL FIREPROOFING CO., APPELLANT. No. 30738Supreme Court of Ohio. Decided February 28, 1947. Workmen’s compensation — Injuries not compensable unless suffered in course of and arising out of employment — Hazard. must be peculiar to work and not common to general public — Disability from fall on ice […]
AMERICAN HARDWARE MUT. INS. CO. v. PLAZA, 15 Ohio St.3d 367 (1984)
474 N.E.2d 310 AMERICAN HARDWARE MUTUAL INSURANCE CO., APPELLEE, v. MANSFIELD AUTO TRUCK PLAZA ET AL., APPELLANTS. No. 84-586Supreme Court of Ohio. Decided December 31, 1984. Insurance — Typewritten endorsement designations controlling, when — Rules of construction. O.Jur 2d Insurance §§ 214, 229. 1. When the printed references in a declarations page of an insurance […]
STATE v. DORSEY, Unpublished Decision (4-7-1999)
State v. Dorsey. No. 98-2711.Supreme Court of Ohio. Decided April 7, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] On Appeal from Summit App. No. 19012.
STATE v. ALEXANDER, 112 Ohio St.3d 1408 (2006)
2006-Ohio-6447 State v. Alexander. 2006-1666.Supreme Court of Ohio. December 13, 2006. Appeal from Erie App. No. E-06-038. Appeals not Accepted for Review
STATE v. ASHWORTH, 85 Ohio St.3d 56 (1999)
706 N.E.2d 1231 The State Of Ohio, Appellee v. Ashworth Appellant. No. 97-1497.Supreme Court of Ohio.Submitted October 28, 1998. Decided March 24, 1999. Page 57 Appeal from the Court of Common Pleas of Licking County, No. 96-CR-356. Appellant, Herman Dale Ashworth, was charged with two counts of aggravated murder of Daniel L. Baker and with […]
STATE v. KEMP, 83 Ohio St.3d 1429 (1998)
699 N.E.2d 946 State v. Kemp. 98-1181.Supreme Court of Ohio. September 23, 1998. Hamilton App. No. C-960478.
WHITE CO. v. TRANS. CO., 131 Ohio St. 190 (1936)
2 N.E.2d 501 THE WHITE, CO. v. THE CANTON TRANSPORTATION CO. No. 25721Supreme Court of Ohio. Decided May 27, 1936. Contracts — “Waiver” defined — Parole waiver of written terms not favored — Waiver after breach carefully and seriously considered — Proof of clear, unequivocal and decisive act, necessary, when — Retaking property sold on […]
CINCINNATI BAR ASSN. v. SHABAZZ, 66 Ohio St.3d 4 (1993)
607 N.E.2d 438 CINCINNATI BAR ASSOCIATION v. SHABAZZ. No. 92-1704Supreme Court of Ohio.Submitted January 6, 1993 — Decided February 24, 1993. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 91-17. On June 24, 1991, relator, Cincinnati Bar Association, filed a multi-count complaint against respondent, Donald A. […]
AIR PRODS. CHEMI., v. WILKINS, 111 Ohio St.3d 1484 (2006)
2006-Ohio-6173 Air Prods. Chemicals, Inc. v. Wilkins. 2006-2062.Supreme Court of Ohio. November 27, 2006. Board of Tax Appeals, No. 2005-A-20. MEDIATION REFERRALS Page 1485
LINDLEY v. FERGUSON, 52 Ohio St.2d 60 (1977)
369 N.E.2d 482 LINDLEY, TAX COMMR., APPELLEE, v. FERGUSON, AUDITOR OF STATE, APPELLANT. No. 76-1345Supreme Court of Ohio. Decided November 9, 1977. Auditor of State — Examination of vouchers — Refund of motor vehicle fuel taxes — Auditor’s statutory obligation, construed — Bureau of Inspection and Supervision of Public Offices — Subpoena power, construed. 1. […]
HALLER v. BORROR CORP., 50 Ohio St.3d 10 (1990)
552 N.E.2d 207 HALLER ET AL., APPELLEES, v. BORROR CORPORATION ET AL., APPELLANTS. No. 88-2020Supreme Court of Ohio.Submitted December 12, 1989 — Decided March 21, 1990. Releases — Release obtained by fraud in the factum is void ab initio — Fraud in the factum exists, when — Releasor may attack validity of a release for […]
PALUMBO v. INDUS. COMM., 138 Ohio St. 437 (1941)
35 N.E.2d 446 PALUMBO, APPELLEE v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLANTS.[*] No. 28665Supreme Court of Ohio. Decided June 18, 1941. [*] Reporter’s Note: This cause is pending, a motion to certify having been allowed. Supreme Court — Dismissal — No debatable constitutional question involved — Garnishment — Industrial Commission employee’s salary held subject […]
ESTATE OF HALL v. AKRON GEN. MED. CTR., 128 Ohio St.3d 1500 (2011)
2011-Ohio-2420, 947 N.E.2d 683 Estate of Hall v. Akron Gen. Med. Ctr. No. 2011-0313.Supreme Court of Ohio. May 25, 2011. Summit App. No. 24066, 2011-Ohio-60. Appeals not Accepted for Review.
MISCELLANEOUS DISMISSALS, 98 Ohio St.3d 1481 (2003)
784 N.E.2d 1183Supreme Court of Ohio. 2003. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions March 11, 20032002-0252. Robinson v. Nationwide Mut. Ins. Co. Lake App. No. 2001-L-119, 2001-Ohio-8793. This cause is pending before the court as an appeal from the Court of Appeals for Lake County. Upon consideration of joint application for dismissal, IT IS […]
MEDIATION DOCKET, 94 Ohio St.3d 1469 (2002)
762 N.E.2d 1016Supreme Court of Ohio. 2002. MEDIATION DOCKET The following cases have been referred to mediation pursuant to S.Ct.Prac.R.XIV(6): 02-23. State ex. rel. Talliouris v. Conrcon, Inc. Franklin App. No. 00AP-1189.
DEHMER v. CAMPBELL, 127 Ohio St. 285 (1933)
188 N.E. 6 DEHMER v. CAMPBELL ET AL. No. 23695Supreme Court of Ohio. Decided November 22, 1933. Municipal corporations — Taxpayer’s injunction against misapplication of funds by payment on contract — One-year limitation applies — Sections 4311 and 4315, General Code. An action brought under favor of Section 4311, General Code, to restrain the misapplication […]
STATE v. HANNA, 84 Ohio St.3d 1478 (1999)
704 N.E.2d 1243 State v. Hanna. No. 99-93.Supreme Court of Ohio. January 25, 1999. Appeal from the Warren C.P. No. 95CR17677. This cause is pending before the court as an appeal from the Court of Common Please of Warren County. Upon consideration of appellant’s motion for stay of execution. IT IS ORDERED by the court […]
STATE v. KEITH, 116 Ohio St.3d 1507 (2008)
2008-Ohio-381 State v. Keith. No. 2007-1938.Supreme Court of Ohio. February 6, 2008. Allen App. No. 1-06-53, 2007-Ohio-4632. APPEALS NOT ACCEPTED FOR REVIEW
BASTON v. SEARS, 15 Ohio St.2d 166 (1968)
239 N.E.2d 62 BASTON, A MINOR, APPELLEE, v. SEARS, APPELLANT. No. 41259Supreme Court of Ohio. Decided July 10, 1968. Parent and child — Illegitimate child — Failure of father to support — Section 2151.42, Revised Code — Civil action for support on behalf of child, not available. Section 2151.42, Revised Code, which makes it a […]
JUHASZ v. JUHASZ, 134 Ohio St. 257 (1938)
16 N.E.2d 328 JUHASZ, APPELLANT. v. JUHASZ ET AL., APPELLANTS; JUHASZ, APPELLE. No. 26867Supreme Court of Ohio. Decided July 27, 1938. Antenuptial contracts — Confidential relation between parties — Contract valid where provision for wife fair and reasonable — Burden on those claiming contract valid — To show prospective husband fully disclosed property — Intended […]
STATE, EX REL. HUMBLE, v. MARK CONCEPTS, INC., 60 Ohio St.2d 77 (1979)
397 N.E.2d 403 THE STATE, EX REL. HUMBLE, APPELLEE, v. MARK CONCEPTS, INC., ET AL., APPELLANTS. No. 78-1517Supreme Court of Ohio. Decided November 28, 1979. Workers’ compensation — Violation of specific safety requirement — Application for additional award — Denial, abuse of discretion, when. The Industrial Commission’s denial of an employee’s application for an additional […]
STATE v. INDUS. COMM., 120 Ohio St.3d 1483 (2009)
2009-Ohio-263 State ex rel. Jensen v. Indus. Comm. No. 2009-0112.Supreme Court of Ohio. January 26, 2009. MEDIATION REFERRALS. Franklin App. No. 08AP-49, 2008-Ohio-6313. The following case has been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E):
STATE v. JAMES, 119 Ohio St.3d 1415 (2008)
2008-Ohio-3880 State v. James. No. 2008-0932.Supreme Court of Ohio. August 6, 2008. Hamilton App. No. C-070612. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. TURNER, 119 Ohio St.3d 1503 (2008)
2008-Ohio-5467 State v. Turner. No. 2008-1339.Supreme Court of Ohio. October 29, 2008. Hamilton App. No. C-080372. APPEALS NOT ACCEPTED FOR REVIEW.
MEDIATION REFERRALS, 99 Ohio St.3d 1427 (2003)
2003-Ohio-2802, 789 N.E.2d 628Supreme Court of Ohio. 2003. MEDIATION REFERRALS Case Announcements and Administrative Actions June 2, 2003 The following cases have been referred to mediation pursuant to S.Ct.Prac.R. XIV(6): 2003-0865. State ex rel. Josephson v. Indus. Comm. Franklin App. No. 02AP-823, 2003-Ohio-1673.
JURISDICTIONAL MOTIONS ALLOWED, 63 Ohio St.3d 1468 (1992)
590 N.E.2d 1265-1269Supreme Court of Ohio. 1992. JURISDICTIONAL MOTIONS ALLOWED Wednesday, May 20, 1992 92-282. St. Elizabeth Hosp. Medical Ctr. v. Moliterno Mahoning County, No. 89 C.A. 185. 92-324. Carpenter v. Consolidated Rail Corp. Mahoning County, No. 90 C.A. 116. SWEENEY, H. BROWN and RESNICK, JJ., dissent. 92-340. State ex rel. Fisher v. Burkhardt. Fairfield […]
S. EUCLID CONCRETE v. DUNSTON, GREENWOOD ACRES, 168 Ohio St. 266 (1958)
153 N.E.2d 675 SOUTH EUCLID CONCRETE CO., APPELLEE v. DUNSTON ET AL., APPELLEES; GREENWOOD ACRES NO. 1, INC., ET AL., APPELLANTS. No. 35643Supreme Court of Ohio. Decided October 15, 1958. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Mechanic’s lien — Foreclosure action by materialman — One affidavit — On […]
MISCELLANEOUS ORDERS, 103 Ohio St.3d 1449 (2004)
2004-Ohio-4902, 814 N.E.2d 1229Supreme Court of Ohio. Case Announcements and Administrative Actions, September 17, 2004. MISCELLANEOUS ORDERS In re Report of the Commission : on Continuing Legal Education. : : ENTRY Godfried Akorli : (#0034268), : Respondent. : This matter originated in this court on the filing of a report by the Commission on Continuing […]
NADRA v. MBAH, 114 Ohio St.3d 1424 (2007)
2007-Ohio-2904 Nadra v. Mbah. No. 2007-0525.Supreme Court of Ohio. June 20, 2007. Appeal from the Franklin App. No. 06AP-829, 2007-Ohio-501. Appeals Accepted for Review. O’DONNELL, J., would accept the appeal on Proposition of Law No. I only. PFEIFER and CUPP, JJ., dissent.
STATE v. JOHNSON, 120 Ohio St.3d 320 (2008)
2008-Ohio-6247, 898 N.E.2d 959 THE STATE OF OHIO, APPELLEE, v. JOHNSON, APPELLANT. No. 2007-1185.Supreme Court of Ohio.Submitted November 19, 2008. Decided December 9, 2008. APPEAL from the Court of Appeals for Cuyahoga County, No. 88169, 2007-Ohio-2225. {¶ 1} The judgment of the court of appeals is reversed, on the authority of State v. Brown, 119 […]
STATE EX REL. CINCINNATI, INC. v. LOWE, Unpublished Decision (5-3-2006)
2006-Ohio-2095 State ex rel. Cincinnati, Inc. v. Lowe, 2006-Ohio-1927. No. 2005-0546.Supreme Court of Ohio. May 3, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Franklin App. No. 04AP-241, 2005-Ohio-516. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.
STATE v. GARCZYNSKI, 83 Ohio St.3d 108 (1998)
698 N.E.2d 978 THE STATE OF OHIO, APPELLEE, v. GARCZYNSKI, APPELLANT. No. 98-237Supreme Court of Ohio.Submitted August 19, 1998. Decided September 16, 1998. CERTIFIED by the Court of Appeals for Wood County, No. WD-97-016. Page 109 Wendell B. Jones, for appellant. The judgment of the court of appeals is affirmed on the authority of State […]
KENNEDY v. PUB. UTIL. COMM., 111 Ohio St. 412 (1924)
145 N.E. 865 KENNEDY v. PUBLIC UTILITIES COMMISSION OF OHIO. No. 18667Supreme Court of Ohio. Decided December 9, 1924. Public Utilities Commission — Motor transportation companies — Certificate of convenience and necessity — Error proceedings to Supreme Court — Evidence to sustain order refusing certificate. ERROR to the Public Utilities Commission. Mr. Randolph Walton; Mr. […]
DUNN v. ETHICON, INC., 106 Ohio St.3d 1531 (2005)
2005-Ohio-5146, 835 N.E.2d 381 Dunn v. Ethicon, Inc. 2005-1262.Supreme Court of Ohio. October 5, 2005. Certified Question of State Law, United States Court of Appeals for the Sixth Circuit, No. 043826. MOTION AND PROCEDURAL RULINGS On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court declines to answer the certified question because the applicable […]
AKRON BAR ASSN. v. DIETZ, 108 Ohio St.3d 343 (2006)
2006-Ohio-1067, 843 N.E.2d 786 AKRON BAR ASSOCIATION v. DIETZ. No. 2005-1549.Supreme Court of Ohio.Submitted November 29, 2005. Decided March 22, 2006. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 04-039. Per Curiam. {¶ 1} Respondent, David Robert Dietz of Cuyahoga Falls, Ohio, Attorney Registration No. 0020558, […]
IN RE McCLURG, 124 Ohio St.3d 1538 (2010)
2010-Ohio-1557 In re McClurg. No. 2010-0256.Supreme Court of Ohio. April 14, 2010. Hamilton App. No. C-081233. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decisions in 2008-1624, In re Smith, Allen App. No. 1-07-58, 2008-Ohio-3234, and 2008-2502, State v. Bodyke, Huron App. Nos. H-07-040, H-07-041, and H-07-042, 2008-Ohio-6387; and briefing schedule stayed. […]
NATL. CITY COMMERCIAL CAP. v. AAAA AT YOUR SERV., 108 Ohio St.3d 1486 (2006)
2006-Ohio-962, 843 N.E.2d 793 NATL. CITY COMMERCIAL CAPITAL CORP. v. AAAA AT YOUR SERVICE, INC. No. 2006-0169.Supreme Court of Ohio. March 8, 2006. Butler App. No. CA2005-08-219. 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 in the […]
STATE v. GRAVEN, 52 Ohio St.2d 112 (1977)
369 N.E.2d 1205 THE STATE OF OHIO, APPELLEE, v. GRAVEN, APPELLANT. No. 76-1291Supreme Court of Ohio. Decided December 7, 1977. Criminal law — Trial — Jury — Papers allowed in jury room. The trial court has discretion in a criminal case to permit the jury to take the indictment to the jury room. (R.C. 2945.35 […]
STATE v. PAZ, 105 Ohio St.3d 1438 (2005)
2005-Ohio-540, 822 N.E.2d 810 STATE v. DE LA PAZ. No. 2004-1841.Supreme Court of Ohio. Decided February 16, 2005. Franklin App. Nos. 03AP-1147 and 04AP-453, 2004-Ohio-5433. APPEALS NOT ACCEPTED FOR REVIEW
STARK CTY. BAR ASSN. v. ARKOW, 104 Ohio St.3d 265 (2004)
2004-Ohio-6512, 819 N.E.2d 284 STARK COUNTY BAR ASSOCIATION v. ARKOW. No. 2004-1008.Supreme Court of Ohio.Submitted August 17, 2004. Decided December 15, 2004. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 03-080. Per Curiam. {¶ 1} Respondent, Seth W. Arkow of Canton, Ohio, Attorney Registration No. 0069103, […]
CINCINNATI ENQUIRER v. JONES-KELLEY, 116 Ohio St.3d 1447 (2007)
2007-Ohio-6802 State ex rel. Cincinnati Enquirer v. Jones-Kelley. No. 2006-2239.Supreme Court of Ohio. December 20, 2007. In Mandamus. MOTION AND PROCEDURAL RULINGS This cause originated in this court on the filing of a complaint for a writ of mandamus. It is ordered by the court, sua sponte, that this case is scheduled for oral argument […]
STATE EX REL. BROWN v. WAUFORD, 129 Ohio St.3d 1414 (2011)
2011-Ohio-3453, 950 N.E.2d 196 State ex rel. Brown v. Wauford. No. 2011-0137.Supreme Court of Ohio. July 13, 2011. Hancock App. No. 5-10-24. Motion And Procedural Ruling. This cause came on for further consideration upon appellant’s filing of a motion for reconsideration. As a result of a clerical error, the motion for reconsideration was timely presented […]
OHIO FARMERS’ INSURANCE CO. v. TODINO, 111 Ohio St. 274 (1924)
145 N.E. 25 OHIO FARMERS’ INSURANCE CO. v. TODINO. No. 1805Supreme Court of Ohio. Decided October 14, 1924. Insurance — Automobiles — Sole and unconditional ownership by insured — Noncompliance with automobile registration law defeats recovery. One who purchases from an insurance company a policy covering on an automobile, which policy contains a provision that […]
FOE ACNE 0895 v. OHIO LIQUOR CONTROL COMM., 84 Ohio St.3d 1504 (1999)
705 N.E.2d 1244 FOE Acne 0895 v. Ohio Liquor Control Comm. No. 99-170.Supreme Court of Ohio. February 17, 1999. Appeal from the Lawrence App. No. 98CA09. On motion for stay of court of appeals’ judgment. Motion granted. PFEIFER and COOK, JJ., dissent.
STATE v. SEAL, 105 Ohio St.3d 1437 (2005)
2005-Ohio-540, 822 N.E.2d 809 STATE v. SEAL. No. 2004-2125.Supreme Court of Ohio. Decided February 16, 2005. Lake App. No. 2003-L-163, 2004-Ohio-5938. MOTION AND PROCEDURAL RULINGS On motion for stay of court of appeals’ judgment. Motion denied.
STATE, EX REL. B.F. GOODRICH, v. GRIFFIN, 59 Ohio St.2d 59 (1979)
391 N.E.2d 1018 THE STATE, EX REL. B.F. GOODRICH CHEMICAL DIV., ET AL.; B.F. GOODRICH CO., APPELLANT, v. GRIFFIN, JUDGE, APPELLEE. No. 78-1280Supreme Court of Ohio. Decided July 18, 1979. Prohibition — Remedy not available, when — Trial court to determine own jurisdiction — Wrongful death action. APPEAL from the Court of Appeals for Cuyahoga […]
STATE v. DOUTHAT, 126 Ohio St.3d 1598 (2010)
2010-Ohio-4928, 935 N.E.2d 45 State v. Douthat. No. 2010-1172.Supreme Court of Ohio. October 13, 2010. Franklin App. No. 09AP-870, 2010-Ohio-2225. Appeals Not Accepted For Review.
HILL v. ANDERSON, 86 Ohio St.3d 1441 (1999)
713 N.E.2d 1051 Hill v. Anderson. No. 99-1298.Supreme Court of Ohio. August 4, 1999. In Habeas Corpus. On request for immediate hearing. Request denied.
WATERLOO COAL CO. v. VINTON CTY. AUDITOR, 87 Ohio St.3d 1464 (1999)
720 N.E.2d 918 Waterloo Coal Co. v. Vinton Cty. Auditor. No. 99-1562.Supreme Court of Ohio. December 8, 1999. MOTION DOCKET Board of Tax Appeals, No. 98-J-582. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of the joint motion to remand case to Board of Tax […]
COLUMBUS BAR ASSN. v. BLANKENSHIP, 74 Ohio St.3d 586 (1996)
660 N.E.2d 1141 COLUMBUS BAR ASSOCIATION v. BLANKENSHIP. No. 95-1200Supreme Court of Ohio.Submitted November 15, 1995 — Decided February 28, 1996. Page 587 ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 94-70. On October 17, 1994, relator, Columbus Bar Association, charged respondent, Jeffrey A. Blankenship of […]
DISCIPLINARY COUNSEL v. GAMBREL, 94 Ohio St.3d 10 (2001)
759 N.E.2d 771 Office of Disciplinary Counsel et al. v. Gambrel. No. 01-1177.Supreme Court of Ohio.Submitted August 28, 2001. Decided December 19, 2001. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 00-82. Per Curiam. On February 7, 2000, in the United States District Court for the […]
STATE v. JOHNSON, 36 Ohio St.3d 224 (1988)
522 N.E.2d 1082 THE STATE OF OHIO, APPELLANT, v. JOHNSON, APPELLEE. No. 87-381Supreme Court of Ohio. Decided May 11, 1988. Criminal law — Gross sexual imposition is lesser included offense of rape — Defendant not entitled to jury instruction on lesser included offense, when. O.Jur 3d Criminal Law §§ 997, 1899, 1902, 1922. 1. Gross […]
STATE v. SABO, 110 Ohio St.3d 1465 (2006)
2006-Ohio-4288, 852 N.E.2d 1214 State v. Sabo. 2006-0946.Supreme Court of Ohio. August 23, 2006. Franklin App. No. 04AP-1114, 2006-Ohio-1521.
AKRON BAR ASSN. v. GOODLET, 99 Ohio St.3d 355 (2003)
2003-Ohio-3935, 792 N.E.2d 1072 Akron Bar Association v. Goodlet. No. 2003-0698.Supreme Court of Ohio.Submitted June 4, 2003. Decided August 6, 2003. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 02-14. Per Curiam. {¶ 1} On April 8, 2002, relator, Akron Bar Association, filed a two-count complaint […]
STATE, EX REL. v. KOONTZ, 153 Ohio St. 325 (1950)
91 N.E.2d 473 THE STATE, EX REL. WERNER ET AL. v. KOONTZ ET AL., COUNCIL OF CITY OF COLUMBUS, ET AL. No. 32138Supreme Court of Ohio. Decided March 29, 1950. Municipal corporations — Charter city — Charter amendments effected, how — Compliance with charter provisions necessary — “Proposed ordinance” provisions contrary to charter provisions — […]
ZIMMIE v. CALFEE, HALTER GRISWOLD, 43 Ohio St.3d 54 (1989)
538 N.E.2d 398 ZIMMIE, APPELLANT, v. CALFEE, HALTER AND GRISWOLD ET AL., APPELLEES. No. 88-314Supreme Court of Ohio.Submitted March 8, 1989 — Decided May 17, 1989. Legal malpractice — Statute of limitations — R.C. 2305.11(A) — Action accrues, when. O.Jur 3d Malpractice § 15. Under R.C. 2305.11(A), an action for legal malpractice accrues and the […]
GAS ELEC. CO. v. CROUCH, 123 Ohio St. 81 (1930)
174 N.E. 6 THE UNION GAS ELECTRIC CO. v. CROUCH, A MINOR. No. 22251Supreme Court of Ohio. Decided December 10, 1930. Negligence — Owner not liable to guest of servant driving automobile — Servant engaged in owner’s business, but guest riding without his consent — Guest not rendering necessary assistance to servant in owner’s business […]
STATE v. PEPKA, 117 Ohio St.3d 1484 (2008)
2008-Ohio-2027 State v. Pepka. No. 2008-0578.Supreme Court of Ohio. May 1, 2008. Lake App. No. 2008-L-016. MISCELLANEOUS DISMISSALS. This cause is pending before the court as a discretionary appeal. It Page 1485 appears from the records of the court that the appellant has not filed a memorandum in support of jurisdiction, due April 28, 2008, […]