2007-Ohio-1266 State v. Johnson. No. 2006-2314.Supreme Court of Ohio. March 28, 2007. Franklin App. No. 06A-860. Appeals Not Accepted for Review
Category: Ohio Supreme Court Opinions
BERGER v. VAN SWERINGEN CO., 6 Ohio St.2d 100 (1966)
216 N.E.2d 54 BERGER ET AL., APPELLEES v. THE VAN SWERINGEN CO. ET AL., APPELLANTS. No. 39180Supreme Court of Ohio. Decided April 20, 1966. Real property — Conveyances — Restrictive covenants to effect general building plan — Action to enforce — Parties. Where it is shown by competent evidence that restrictive covenants sought to be […]
STATE v. MILBY, 129 Ohio St.3d 1488 (2011)
2011-Ohio-5129 State v. Milby. No. 2011-0292.Supreme Court of Ohio. October 5, 2011. Montgomery App. No. 23798, 2010-Ohio-6344. APPEAL NOT ACCEPTED FOR REVIEW
MORRIS v. OHIO REAL ESTATE APPRAISER BD., 2007-0186 (9-19-2007)
2007-Ohio-4716 Morris v. Ohio Real Estate Appraiser Bd., 2007-Ohio-4560. No. 2007-0186.Supreme Court of Ohio. September 19, 2007. MERIT DECISIONS WITH OPINIONS Franklin App. No. 06AP-669, 2006-Ohio-6743. Judgment affirmed. Moyer, C.J., Lundberg Stratton, O’Connor, Lanzinger and Cupp, JJ., concur. Pfeifer and O’Donnell, JJ., dissent for the reasons stated in their respective separate opinions in Hughes v. […]
MISCELLANEOUS DISMISSALS, 102 Ohio St.3d 1417 (2004)
2004-Ohio-2016, 806 N.E.2d 1006Supreme Court of Ohio. Case Announcements and Administrative Actions April 23, 2004. MISCELLANEOUS DISMISSALS 2003-1899. State ex rel. Besser v. Columbus. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of the joint application for dismissal, IT IS ORDERED by […]
STATE EX REL. DAVIS v. INDUS. COMM., 76 Ohio St.3d 72 (1996)
666 N.E.2d 561 THE STATE EX REL. DAVIS, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 94-1494Supreme Court of Ohio.Submitted May 7, 1996 — Decided July 17, 1996. APPEAL from the Court of Appeals for Franklin County, No. 93APD06-914. Appellant-claimant, Earl Davis, was injured in the course of and arising from his employment […]
STATE v. VARNER, 85 Ohio St.3d 1458 (1999)
708 N.E.2d 1012 State v. Varner. No. 99-467.Supreme Court of Ohio. April 21, 1999 Appeal from the Franklin App. No. 98AP-1218. On motion for leave to file delayed appeal. Motion denied. MOYER, C.J., PFEIFER and COOK, JJ., dissent. Page 1459
AGLEY v. TRACY, 84 Ohio St.3d 1448 (1998)
Agley v. Tracy. No. 98-1879.Supreme Court of Ohio. December 23, 1998. Appeal from the Board of Tax Appeals, No. 96R302. On motion for admission pro hoc vice of George M. Malis and Erich J. D’Andrea. Motion granted.
STATE v. KING, 119 Ohio St.3d 1471 (2008)
2008-Ohio-4911 State v. King. No. 2008-1131.Supreme Court of Ohio. October 1, 2008. Miami App. No. 08-CA-02, 2008-Ohio-2594. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted. Motion to consolidate this cause with 2008-0754, State ex rel. King v. Welbaum, Miami App. No. 2008-CA-1, granted. Briefing in this cause and 2008-0754 shall be consolidated. The parties shall file […]
STATE v. GOODELL, 116 Ohio St.3d 1509 (2008)
2008-Ohio-381 State v. Goodell. No. 2007-2083.Supreme Court of Ohio. February 6, 2008. Lucas App. No. L-07-1016, 2007-Ohio-5318. APPEALS NOT ACCEPTED FOR REVIEW LANZINGER, J., not participating.
MISCELLANEOUS ORDERS, 99 Ohio St.3d 1429 (2003)
2003-Ohio-2891, 789 N.E.2d 629Supreme Court of Ohio. 2003. MISCELLANEOUS ORDERS Case Announcements and Administrative Actions June 6, 20032003-0481. In re Lowden. On April 24, 2003, this court suspended respondent, Jeffrey T. Lowden, for an interim period pursuant to Gov.Bar R. V(5)(A)(4). On May 30, 2003, the Board of Commissioners on Grievances and Discipline submitted a […]
STATE v. OSTENKAMP, 114 Ohio St.3d 1513 (2007)
2007-Ohio-4285 State v. Ostenkamp. No. 2007-0926.Supreme Court of Ohio. August 29, 2007. Hamilton App. No. C-060624. Appeals not Accepted for Review O’DONNELL, J., dissents.
IN RE GUARDIANSHIP OF MILLER, 126 Ohio St.3d 1598 (2010)
2010-Ohio-4928, 935 N.E.2d 45 In re Guardianship of Miller. No. 2010-1147.Supreme Court of Ohio. October 13, 2010. Logan App. No. 8-09-20, 187 Ohio App.3d 445, 2010-Ohio-2159. Appeals Not Accepted For Review.
CLEVELAND BAR ASSN. v. GAY, 94 Ohio St.3d 404 (2002)
763 N.E.2d 585 Cleveland Bar Association v. Gay. No. 93-1738.Supreme Court of Ohio.Submitted June 20, 2001. Decided February 27, 2002. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 90-35. Per Curiam. In Cleveland Bar Assn. v. Gay (1994), 68 Ohio St.3d 190, 625 N.E.2d 593, we […]
STATE, EX REL. STANLEY, v. CITY COUNCIL OF AVON, 39 Ohio St.2d 150 (1974)
314 N.E.2d 167 THE STATE, EX REL. STANLEY ET AL., v. CITY COUNCIL OF AVON ET AL. No. 74-28Supreme Court of Ohio. Decided July 17, 1974. Elections — Referendum — Petition — Sufficiency of signatures — Determined, how — Qualification of registered voter to sign — Ordinance authorizing participation in utility system — Proper subject […]
STATE v. OWEN, Unpublished Decision (6-2-1999)
State v. Owen. No. 99-871.Supreme Court of Ohio. June 2, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Miami App. No. 98CA17. On motion for leave to file delayed appeal. Motion granted. Douglas, Resnick and F.E. Sweeney, JJ., dissent.
HUELSMAN v. LINDEMAN, 129 Ohio St.3d 1497 (2011)
2011-Ohio-5218, 954 N.E.2d 1209 Huelsman v. Lindeman. No. 2011-1385.Supreme Court of Ohio. October 11, 2011. In Mandamus. MEDIATION REFERRAL The following case have been returned to the regular docket pursuant to S.Ct.Prac. R. 17.1(E):
NBC-USA HOUS. v. LEVIN, 123 Ohio St.3d 1490 (2009)
2009-Ohio-6051 NBC-USA Hous., Inc.-Five v. Levin. No. 2009-0919.Supreme Court of Ohio. November 17, 2009. Board of Tax Appeals, No. 2006-N-1492. Motion And Procedural Rulings. This cause is pending before the court as an appeal from the Board of Tax Appeals. Upon consideration of appellant’s motion to consolidate this case with 2009-1436, NBC-USA Hous., Inc.-Thirteen v. […]
LAKEWOOD v. REES, 132 Ohio St. 399 (1937)
8 N.E.2d 250 CITY OF LAKEWOOD, APPELLANT v. REES ET AL., APPELLEES. No. 26331Supreme Court of Ohio. Decided April 21, 1937. Municipal corporations — Waterworks — Revenue cannot be used for general governmental expenses and obligations — Common Pleas Court or Tax Commission cannot authorize transfer — Section 5625-13a et seq., General Code — Provisions […]
MENTOR LUMBER SUPPLY CO. v. VICTOR, 67 Ohio St.3d 1202 (1993)
615 N.E.2d 625 MENTOR LUMBER AND SUPPLY COMPANY, APPELLANT, v. VICTOR, D.B.A. JOHNNYCAKE HOMES; VICTOR, APPELLEE. No. 92-1065Supreme Court of Ohio.Submitted May 19, 1993 — Decided July 28, 1993. APPEAL from the Court of Appeals for Lake County, No. 91-L-083. Dworken Bernstein Co., L.P.A., and Patrick J. Perotti, for appellant. Cannon, Stern, Aveni Loiacono Co., […]
STATE EX REL. ROSE v. OHIO DEPT. OF REHAB. CORR., 91 Ohio St.3d 453 (2001)
746 N.E.2d 1103 The State ex rel. Rose v. Ohio Department of Rehabilitation and Correction. No. 00-1559.Supreme Court of Ohio.Submitted February 27, 2001. Decided May 23, 2001. In Mandamus. Per Curiam. On April 12, 1999, respondent, Ohio Department of Rehabilitation and Correction (“ODRC”), hired relator, Bonnie R. Rose, as a Food Service Manager 1 at […]
DISMISSALS, SUA SPONTE, 72 Ohio St.3d 1419 (1995)
648 N.E.2d 510-515Supreme Court of Ohio. 1995. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Thursday, April 27, 1995 94-2146. Gillivan v. Ohio Bd. of Tax Appeals. Franklin County, No. 94APE02-145. RESNICK and F.E. SWEENEY, JJ., dissent. Patricia A. Blackmon, Acting C.J., of the Eighth Appellate District, sitting for MOYER, […]
STATE v. HERNANDEZ, 63 Ohio St.3d 577 (1992)
589 N.E.2d 1310 THE STATE OF OHIO, APPELLEE, v. HERNANDEZ, APPELLANT. No. 91-1131Supreme Court of Ohio.Submitted February 12, 1992 — Decided May 6, 1992. APPEAL from the Court of Appeals for Columbiana County, No. 87-C-56. At approximately 11:40 a.m. on January 26, 1987, Lieutenant James B. Smith of the Columbiana County Sheriff’s Office arrived at […]
STATE EX REL. MORRIS v. BRIGANO, 100 Ohio St.3d 170 (2003)
2003-Ohio-5356, 797 N.E.2d 86 [The State ex rel.] Morris, Appellant, v. Brigano, Warden, Appellee. Page 171 No. 2003-0963.Supreme Court of Ohio.Submitted September 24, 2003. Decided October 22, 2003. Appeal from the Court of Appeals for Warren County, No. CA2003-01-005. Per Curiam. {¶ 1} In 1997, the Franklin County Court of Common Pleas convicted appellant, Kenneth […]
WHITLEY v. RIVER’S BEND HEALTH CARE, 126 Ohio St.3d 1587 (2010)
2010-Ohio-4542, 934 N.E.2d 357 Whitley v. River’s Bend Health Care. No. 2009-1484.Supreme Court of Ohio. September 29, 2010. RECONSIDERATION OF PRIOR DECISIONS Lawrence App. No. 08CA30, 183 Ohio App.3d 145, 2009-Ohio-3366. Reported at 126 Ohio St.3d 1217, 2010-Ohio-3269, 931 N.E.2d 583. On motion for reconsideration. Motion denied. Brown, C.J., and Pfeifer and Cupp, JJ., dissent.
HOWARD v. CANNON, 113 Ohio St.3d 1414 (2007)
2007-Ohio-1036 Howard v. Cannon. No. 2006-2110.Supreme Court of Ohio. March 14, 2007. Lucas App. No. L-05-1421, 2006-Ohio-5112. Appeals not Accepted for Review
CLEVELAND v. LOVINES, 162 Ohio St. 231 (1954)
122 N.E.2d 793 CITY OF CLEVELAND, APPELLEE v. LOVINES; ALLEN, APPELLANT. No. 34086Supreme Court of Ohio. Decided October 6, 1954. Supreme Court — Dismissal — No debatable constitutional question involved — Court procedure — Proceeding to forfeit bond where party recognized fails to appear — Section 2937.38, Revised Code — Finality of order overruling motion […]
IN RE ESTATE OF FOURAS, 105 Ohio St.3d 1518 (2005)
2005-Ohio-1880 In re Estate of Fouras. 2005-0207.Supreme Court of Ohio. April 27, 2005. Licking App. Nos. 2003CA00049, 2003CA00052 and 2004CA00069, 2004-Ohio-5563. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents. Page 1519
LIVINGSTON CO. v. STREETER, 114 Ohio St. 144 (1926)
150 N.E. 734 THE J. LIVINGSTON CO. v. STREETER. No. 19085Supreme Court of Ohio. Decided February 16, 1926. Negligence — Defendant admits, but fails to explain, negligent acts — Charge to jury — Duty to find defendant guilty of negligence charged. In an action for damages for an injury resulting from negligence wherein the defendant […]
STATE v. HILL, 115 Ohio St.3d 1421 (2007)
2007-Ohio-5056 State v. Hill. No. 2007-1019.Supreme Court of Ohio. October 3, 2007. Hamilton App. Nos. C-060425 and C-060426. APPEALS NOT ACCEPTED FOR REVIEW.
DISCRETIONARY APPEALS NOT ALLOWED, 73 Ohio St.3d 1452 (1995)
654 N.E.2d 980-990Supreme Court of Ohio. 1995. DISCRETIONARY APPEALS NOT ALLOWED Wednesday, September 20, 1995 95-673. State v. White. Hamilton County, No. C-930711. 95-858. Grand Trunk W.RR. v. Cothern. Lucas County, No. L-93-112. On discretionary appeal and cross-appeal. Appeals denied. WRIGHT, J., dissents. RESNICK, J., not participating. 95-909. Bowling Green State Univ. v. Wyandot Constr., […]
HOOVER v. NORFOLK S. RY., 127 Ohio St.3d 1465 (2010)
2010-Ohio-6205 Hoover v. Norfolk S. Ry. Co. No. 2010-1732.Supreme Court of Ohio. December 17, 2010. Cuyahoga App. Nos. 93479 and 93689, 2010-Ohio-2894. Motion and Procedural Rulings. This cause is pending before the court as a discretionary appeal. Upon consideration of the motion for admission pro hac vice of Michael L. Torcello by Christopher M. Murphy, […]
STATE, EX REL. v. WEYGANDT, 148 Ohio St. 453 (1947)
75 N.E.2d 691 THE STATE, EX REL. HAWKE v. WHYGANDT, CHIEF JUSTICE OF THE SUPREME COURT OF OHIO, ET AL. No. 31075Supreme Court of Ohio. Decided November 12, 1947. Supreme Court — Dismissal — Moot question — Mandamus and prohibition — Assignment of nonresident judges of Court of Appeals — Restraint of resident judges from […]
FISCHBACH v. MERCURI, 124 Ohio St.3d 1487 (2010)
2010-Ohio-644 Fischbach v. Mercuri. No. 2009-2053.Supreme Court of Ohio. February 25, 2010. Montgomery App. No. 23188, 184 Ohio App.3d 105, 2009-Ohio-4790. MISCELLANEOUS DISMISSALS. This cause is pending before the court on the certification of a conflict from the Court of Appeals for Montgomery County. Upon consideration of the joint application for dismissal, It is ordered […]
STATE v. SAXON, 104 Ohio St.3d 1421 (2004)
2004-Ohio-6675, 819 N.E.2d 299 State v. Saxon. No. 2004-1877.Supreme Court of Ohio. Decided December 14, 2004. Cuyahoga App. No. 83889, 2004-Ohio-5017. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal and cross-appeal from the Court of Appeals for Cuyahoga County. It appears from the records of the court that the appellee/cross-appellant has […]
ANDREYKO v. CITY OF CINCINNATI, 102 Ohio St.3d 1238 (2004)
2004-Ohio-3070, 810 N.E.2d 440 Andreyko, Appellee, v. City of Cincinnati et al., Appellants. No. 2003-1212.Supreme Court of Ohio.Submitted May 25, 2004. Decided June 30, 2004. APPEAL from the Court of Appeals for Hamilton County, No. C-020606, 153 Ohio App.3d 108, 2003-Ohio-2759, 791 N.E.2d 1025. {¶ 1} The appeal is dismissed, sua sponte, as having been […]
STATE v. BUZZARD, Unpublished Decision (2-14-2007)
2007-Ohio-568 State v. Buzzard, 2007-Ohio-373. No. 2005-2061.Supreme Court of Ohio. February 14, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Appeal from Crawford App. No. 3-04-18, 163 Ohio App.3d 591, 2005-Ohio-5270. Judgment reversed. Farmer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Moyer, C.J., and Pfeifer, […]
STATE, EX REL. v. DIETRICH, 134 Ohio St. 474 (1938)
17 N.E.2d 752 THE STATE, EX REL. BOARD OF EDUCATION OF GREENVILLE TOWNSHIP RURAL SCHOOL DISTRICT, DARKE COUNTY v. DIETRICH, DIR. OF EDN., ET AL. No. 27290Supreme Court of Ohio. Decided November 30, 1938. School Foundation Act — Purposes of public school fund — Section 7595 et seq., General Code — District may participate although […]
IN RE REPORT OF THE COMMISSION, CLE-2006 (5-24-2007)
2007-Ohio-2487 In re Report of the Commission on Continuing Legal Education. [Attorney Name] (#[Registration Number]), Respondent. No. CLE-2006.Supreme Court of Ohio. Filed May 24, 2007. Appeal On Butler App. Nos. CA2005-10-444 and CA2005-12-521, 2006-Ohio-5504. ORDER This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the […]
STATE v. BLEVINS, 2011-0989 (11-30-2011)
2011-Ohio-6124 State v. Blevins. No. 2011-0989.Supreme Court of Ohio. November 30, 2011. APPEAL NOT ACCEPTED FOR REVIEW Scioto App. No. 10CA3353, 2011-Ohio-3367. Page 5
STATE v. CT. OF APPEALS, 120 Ohio St.3d 1459 (2008)
2008-Ohio-6813 State ex rel. Garner v. Court of Appeals, Eleventh Appellate Dist. No. 2008-1663Supreme Court of Ohio. December 31, 2008. In Mandamus. RECONSIDERATION OF PRIOR DECISIONS. Reported at 119 Ohio St.3d 1500, 2008-Ohio-5467, 895 N.E.2d 564. On motion for reconsideration. Motion denied.
MODARELLI v. CARNEY, 56 Ohio St.2d 67 (1978)
381 N.E.2d 1128 MODARELLI ET AL., APPELLANTS, v. CARNEY, APPELLEE. No. 78-1011Supreme Court of Ohio. Decided November 1, 1978. Election contest — Rulings of chief justice — Appeal — Not authorized by R.C. 3515.15 — Dismissed, when. 1. R.C. 3515.15 does not authorize a review of the rulings of the chief justice of the Supreme […]
STATE v. TRIMBLE, 108 Ohio St.3d 1485 (2006)
2006-Ohio-1014, 843 N.E.2d 792 STATE v. TRIMBLE. No. 2005-2436.Supreme Court of Ohio. March 7, 2006. Portage C.P. No. 2005CR0022. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a death penalty appeal from the Court of Common Pleas for Portage County. Upon consideration of appellant’s motion for an extension of time to […]
KNALL BEVERAGE, INC. v. BODEY, 139 Ohio St. 171 (1941)
38 N.E.2d 411 KNALL BEVERAGE, INC., APPELLANT v. BODEY ET AL., BOARD OF LIQUOR CONTROL, ET AL., APPELLEES. GOEBEL BREWING CO., APPELLANT v. BODEY ET AL., BOARD OF LIQUOR CONTROL, ET AL., APPELLEES. Nos. 28839 and 28840Supreme Court of Ohio. Decided December 24, 1941. Supreme Court — Dismissals — No debatable constitutional question involved — […]
DISCIPLINARY COUNSEL v. CHAVERS, 55 Ohio St.3d 18 (1990)
562 N.E.2d 1386 OFFICE OF DISCIPLINARY COUNSEL v. CHAVERS. No. 90-793Supreme Court of Ohio.Submitted June 19, 1990 — Decided November 7, 1990. Attorneys at law — Misconduct — Indefinite suspension — Neglecting an entrusted legal matter — Failing to carry out a contract for employment — Engaging in conduct involving fraud, deceit, dishonesty or misrepresentation […]
STATE v. GUIDRY, 116 Ohio St.3d 1458 (2007)
2007-Ohio-6803 State v. Guidry. No. 2007-1746.Supreme Court of Ohio. December 26, 2007. Washington App. Nos. 06CA36 and 04CA36, 2007-Ohio-4422. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents.
CINCINNATI BAR ASSN. v. McGRATH, 94 Ohio St.3d 149 (2002)
761 N.E.2d 17 Cincinnati Bar Association v. McGrath. No. 01-1558.Supreme Court of Ohio.Submitted October 16, 2001. Decided January 16, 2002. On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 01-25. Per Curiam. On April 9, 2001, relator, Cincinnati Bar Association, filed a complaint charging respondent, James B. […]
STATE v. DAVIS, 118 Ohio St.3d 1462 (2008)
2008-Ohio-2823 State v. Davis. No. 2008-0459.Supreme Court of Ohio. June 18, 2008. Franklin App. No. 07AP-356, 2008-Ohio-107. APPEALS NOT ACCEPTED FOR REVIEW.
IN RE BEARD: BEARD v. ALVIS, WARDEN, 164 Ohio St. 488 (1956)
132 N.E.2d 96 IN RE BEARD: BEARD v. ALVIS, WARDEN. No. 34472Supreme Court of Ohio. Decided February 1, 1956. Habeas corpus — To obtain release from penal institution — Due process — Facts alleged in petition insufficient to warrant relief. IN HABEAS CORPUS. Petitioner has invoked the original jurisdiction of this court by a petition […]
STATE v. SHABAZZ, 2011-1763 (11-30-2011)
2011-Ohio-6124 State v. Shabazz. No. 2011-1763.Supreme Court of Ohio. November 30, 2011. APPEAL NOT ACCEPTED FOR REVIEW Cuyahoga App. No. 95021, 2011-Ohio-4631. Page 12
DERY v. LINDLEY, 57 Ohio St.2d 5 (1979)
385 N.E.2d 291 DERY ET AL., APPELLANTS, v. LINDLEY, TAX COMMR., APPELLEE. No. 78-693Supreme Court of Ohio. Decided February 7, 1979. Taxation — Income tax — R.C. Chapter 5747 — Exclusions from adjusted gross income — Capital gain on installment payment — Tax not retroactively applied, when. APPEAL from the Board of Tax Appeals. In […]
DISMISSALS, SUA SPONTE, 76 Ohio St.3d 1479 (1996)
669 N.E.2d 851-862Supreme Court of Ohio. 1996. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Thursday, September 19, 1996 96-1561. State v. Chinn. Montgomery County, No. 15009. This cause is pending before the court as a discretionary appeal and a claimed appeal of right. Upon consideration of appellant’s motion for […]
ELLIS v. ELLIS, 123 Ohio St.3d 1506 (2009)
2009-Ohio-6210 Ellis v. Ellis. No. 2009-1944.Supreme Court of Ohio. December 2, 2009. Mahoning App. No. 08 MA 133, 2009-Ohio-4964. Motion and Procedural Rulings. On motion to stay execution of court of appeals’ judgment. Motion denied. LANZINGER, J., dissents and would grant the motion subject to a $55,000 bond.
MISCELLANEOUS DOCKET, 88 Ohio St.3d 1456 (2000)
725 N.E.2d 1153Supreme Court of Ohio. 2000. MISCELLANEOUS DOCKET Announcement Wednesday March 29, 2000 In re Report of the Commission : on Continuing Legal Education. : : ENTRY Thomas David Corrigan, : [Filed March 29, 2000] (#0022810), Respondent. : This matter originated in this court on the filing of a report by the Commission on […]
KUBITZ v. SANDUSKY, 176 Ohio St. 445 (1964)
200 N.E.2d 322 KUBITZ, A MINOR, APPELLANT v. CITY OF SANDUSKY, APPELLEE. No. 38198Supreme Court of Ohio. Decided July 8, 1964. Municipal corporations — Baseball diamond maintained within public park — “Public grounds” within meaning of Section 723.01, Revised Code — Wire barrier located near right-field foul line — Not absolute or qualified nuisance. 1. […]
BAKER v. WHITE, 102 Ohio St.3d 1221 (2004)
2004-Ohio-2493, 808 N.E.2d 883 Baker et al., Appellants, v. White et al.; Employers Fire Insurance Company, Appellee. No. 2003-0888.Supreme Court of Ohio.Submitted April 28, 2004, at the Clermont County Session. Decided June 2, 2004. APPEAL from the Court of Appeals for Clermont County, No. CA2002-08-065, 2003-Ohio-1614. {¶ 1} The cause is dismissed, sua sponte, as […]
STATE EX REL. CARR, v. McDONNELL, 124 Ohio St.3d 62 (2009)
2009-Ohio-6165 THE STATE EX REL. CARR, APPELLANT, v. McDONNELL, JUDGE, ET AL., APPELLEES. No. 2009-1020.Supreme Court of Ohio.Submitted November 18, 2009. Decided December 1, 2009. APPEAL from the Court of Appeals for Cuyahoga County, No. 93138, 2009-Ohio-2488. Per Curiam. {¶ 1} We affirm the judgment dismissing the complaint of appellant, Leonard F. Carr, for a […]
COLLINS v. McCLURE, 143 Ohio St. 569 (1944)
56 N.E.2d 171 COLLINS, A MINOR, APPELLANT v. MCCLURE, APPELLEE. No. 29899Supreme Court of Ohio. Decided July 19, 1944. Negligence — Action in Ohio for damages arising in another state — Substantive law of latter state, applies — Driver of automobile going to sleep while driving — Creates inference of negligence sufficient to make prima […]
CITIFINANCIAL MTGE. CO., INC. v. CARSON, 105 Ohio St.3d 1500 (2005)
2005-Ohio-1666 CITIFINANCIAL MTGE. CO., INC. v. CARSON. No. 2005-0077.Supreme Court of Ohio. April 13, 2005. Franklin App. No. 04AP-317, 2004-Ohio-6448. APPEALS NOT ACCEPTED FOR REVIEW
IN RE CASES HELD FOR THE DECISION IN IN RE D.J.S. (10-20-2011)
2011-Ohio-5372 In re Cases Held for the Decision in In re D.J.S., Slip Opinion No. 2011-Ohio-5349. Supreme Court of Ohio. October 20, 2011. MERIT DECISION WITH OPINION Judgments reversed and causes remanded or dismissed as improvidently accepted. O’Connor, C.J., and Pfeifer, Lundberg Stratton, Lanzinger, Cupp, and McGee Brown, JJ., concur. O’Donnell, J., dissents. Page 2
STATE EX REL. COOPER v. INDUS. COMM., Unpublished Decision (7-19-2006)
2006-Ohio-3615 State ex rel. Cooper v. Indus. Comm., 2006-Ohio-3457. No. 2005-1512.Supreme Court of Ohio. July 19, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Franklin App. No. 04AP-706, 2005-Ohio-3099. Judgment affirmed. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and Pfeifer, JJ., dissent.
DISCRETIONARY APPEALS ALLOWED, 72 Ohio St.3d 1520 (1995)
649 N.E.2d 276-281Supreme Court of Ohio. 1995. DISCRETIONARY APPEALS ALLOWED Wednesday, May 17, 1995 95-109. Motorists Mut. Ins. Co. v. Nussbaum. Stark County, No. 1994CA00104. Discretionary appeal and cross-appeal allowed. MOYER, C.J., WRIGHT and COOK, JJ., dissent. 95-135. Ramsey v. Auto-Owners Ins. Co. Lucas County, No. L-94-156. Discretionary appeal allowed. Sua sponte, cause held for […]
REILLY v. CONTI, 158 Ohio St. 232 (1952)
108 N.E.2d 281 REILLY, APPELLEE v. CONTI, APPELLANT. No. 33100Supreme Court of Ohio. Decided October 8, 1952. Supreme Court — Dismissal — No debatable constitutional question involved — Municipal zoning ordinances — Right to enjoin operation of funeral home in residential district — Nonconforming use prior to effective date of ordinance — Not established, when […]
KNOX v. HETRICK, 122 Ohio St.3d 1522 (2009)
2009-Ohio-4776 Knox v. Hetrick. No. 2009-0850.Supreme Court of Ohio. September 16, 2009. Cuyahoga App. No. 91102, 2009-Ohio-1359. APPEALS NOT ACCEPTED FOR REVIEW. Discretionary appeal and cross-appeal not accepted. Motion to strike denied as moot. MOYER, C.J., would accept the cross-appeal.
STATE v. RILEY, 107 Ohio St.3d 1423 (2005)
2005-Ohio-6124 State v. Riley. 2005-1450.Supreme Court of Ohio. November 23, 2005. Darke App. No. 05CA1664. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion for order to transmit journal entry denied as moot.
STATE v. HUNTER, 106 Ohio St.3d 1408 (2005)
2005-Ohio-3154 State v. Hunter. 2005-0670.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. No. 84105, 2004-Ohio-6569. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.
CUYAHOGA COUNTY BAR ASSN. v. GLAESER, 120 Ohio St.3d 350 (2008)
2008-Ohio-6199, 899 N.E.2d 140 CUYAHOGA COUNTY BAR ASSOCIATION v. GLAESER. Page 351 No. 2008-1215.Supreme Court of Ohio.Submitted August 26, 2008. Decided December 4, 2008. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 07-100. Per Curiam. {¶ 1} Respondent, William P. Glaeser of Parma, Ohio, Attorney Registration […]
COLUMBUS, D. M. ELEC. CO. v. COMMRS, 118 Ohio St. 501 (1928)
161 N.E. 538 THE COLUMBUS, DELAWARE MARION ELECTRIC CO. v. BOARD OF COUNTY COMMRS. OF MARION CO. ET AL. No. 20896Supreme Court of Ohio. Decided May 16, 1928. Constitutional law — Legislative power not vested in common pleas court — Section 8897 et seq., General Code — Proceedings for highway crossing railroad at grade. Sections […]
STATE v. RAWLINS, Unpublished Decision (5-26-1999)
State v. Rawlins. No. 99-312.Supreme Court of Ohio. May 26, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Scioto App. No. 97CA2539.
PROCTOR v. GILES, 61 Ohio St.2d 211 (1980)
400 N.E.2d 393 PROCTOR, APPELLEE, v. GILES, ADMR., ET AL., APPELLANTS. No. 79-792Supreme Court of Ohio. Decided February 13, 1980. Unemployment compensation — Appeal to Court of Common Pleas from Board of Review — Notice of appeal — Timely filed, when — Civ. R. 6(E) inapplicable. Civ. R. 6(E) is inapplicable to the 30-day time […]
MISCELLANEOUS DISMISSALS, 100 Ohio St.3d 1401 (2003)
2003-Ohio-4882, 795 N.E.2d 1245Supreme Court of Ohio. 2003. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions September 16, 20032003-1487. State v. Wooden. Franklin App. No. 03AP-368. This cause is pending before the court as a discretionary appeal and a claimed appeal of right. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the court […]
RECONSIDERATION DOCKET, 75 Ohio St.3d 1478 (1996)
663 N.E.2d 1300, 1305Supreme Court of Ohio. 1996. RECONSIDERATION DOCKET Wednesday, May 8, 1996 95-1679. State ex rel. Ricchiuto v. Reagan. Original Action Involving Expedited Election Matter. Reported at 74 Ohio St.3d 11, 655 N.E.2d 1298. On motion for relief from judgment. Motion denied. STRATTON, J., not participating. 95-2435. Taylor v. Triple A in the […]
STATE v. NEELEY, 110 Ohio St.3d 1409 (2006)
2006-Ohio-3306, 850 N.E.2d 71 State v. Neeley. 2006-0981.Supreme Court of Ohio. July 5, 2006. Montgomery App. No. 20842, 2006-Ohio-418. On motion for leave to file delayed appeal. Motion denied. PFEIFER and O’DONNELL, JJ., dissent.
ROBB v. CHAGRIN LAGOONS YACHT CLUB, INC., 75 Ohio St.3d 264 (1996)
662 N.E.2d 9 ROBB ET AL., APPELLEES, v. CHAGRIN LAGOONS YACHT CLUB, INC. ET AL., APPELLANTS. No. 94-2141Supreme Court of Ohio.Submitted December 13, 1995 — Decided March 6, 1996. Page 265 APPEAL from the Court of Appeals for Lake County, No. 93-L-064. The facts of this case are more intricate than the libretto of “The […]
MARKS v. SWARTZ, 117 Ohio St.3d 1459 (2008)
2008-Ohio-1635 Marks v. Swartz. No. 2007-2393.Supreme Court of Ohio. April 9, 2008. Trumbull App. No. 2007-T-0008, 2007-Ohio-6009. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents. O’CONNOR, J., dissents and would accept the appeal on Proposition of Law No. I.
RICCHETTI v. CLEVELAND CT. SCH. DIST. BD. OF EDN., 72 Ohio St.3d 1214 (1995)
650 N.E.2d 109 RICCHETTI, APPELLANT, v. CLEVELAND CITY SCHOOL DISTRICT BOARD OF EDUCATION, APPELLEE. No. 94-898Supreme Court of Ohio.Submitted May 10, 1995 — Decided June 21, 1995. APPEAL from the Court of Appeals for Cuyahoga County, No. 64833. Gold, Rotatori Schwartz Co., L.P.A., and Susan L. Gragel, for appellant. Wanda Rembert Arnold, General Counsel, and […]
BLOCH v. GLANDER, 151 Ohio St. 381 (1949)
86 N.E.2d 318 BLOCH, APPELLANT v. GLANDER, TAX COMMR., APPELLEE. No. 31612Supreme Court of Ohio. Decided May 11, 1949. Taxation — Appeal from Tax Commissioner to Board of Tax Appeals — Full administrative appeal provided — Sections 5611 and 5611-1, General Code — Additional evidence to be heard and board may make investigation — Rule […]
BLACKMAN v. STATE, 130 Ohio St. 172 (1935)
198 N.E. 40 BLACKMAN v. THE STATE OF OHIO. No. 25530Supreme Court of Ohio. Decided October 2, 1935. Supreme Court — Dismissals — No debatable constitutional question involved — Criminal law — Murder while in perpetration of robbery. ERROR to the Court of Appeals of Hamilton county. Mr. Carl W. Rich and Mr. Nicholas Klein, […]
STATE v. SANCHEZ, 119 Ohio St.3d 1461 (2008)
2008-Ohio-4834 State v. Sanchez. No. 2008-0429.Supreme Court of Ohio. September 24, 2008. Greene App. No. 06-CA-154, 2007-Ohio-6697. MERIT DECISIONS WITHOUT OPINIONS. This cause is pending before the court on the certification of a conflict by the Court of Appeals for Greene County. Upon consideration of appellee’s motion to dismiss the cause as having been improvidently […]
BERRY v. JAVITCH, BLOCK RATHBONE, L.L.P., 127 Ohio St.3d 480 (2010)
2010-Ohio-5772, 940 N.E.2d 1265 BERRY ET AL. APPELLEES, v. JAVITCH, BLOCK RATHBONE, L.L.P., APPELLANT. No. 2009-1507.Supreme Court of Ohio.Submitted May 11, 2010. Decided December 2, 2010. APPEAL from the Court of Appeals for Cuyahoga County, No. 91723, 182 Ohio App.3d 795, 2009-Ohio-3067. Morganstern, MacAdams DeVito Co., L.P.A., Christopher M. DeVito, and Alexander J. Kipp; and […]
HUNTER v. CLEVELAND, 46 Ohio St.2d 91 (1976)
346 N.E.2d 303 HUNTER ET AL., APPELLEES, v. CITY OF CLEVELAND, APPELLANT. No. 75-592Supreme Court of Ohio. Decided April 28, 1976. Negligence — Municipal corporations — Repair of public street at crosswalk — R.C. 723.01 applicable — Notice of unguarded condition — Evidence sufficient to show, when. APPEAL from the Court of Appeals for Cuyahoga […]
STATE v. COATS, 115 Ohio St.3d 1442 (2007)
2007-Ohio-5567 State v. Coats. No. 2007-1251.Supreme Court of Ohio. October 24, 2007. Mercer App. No. 10-07-08. APPEALS ACCEPTED FOR REVIEW
CARROLLTON v. MONTGOMERY CTY., 119 Ohio St.3d 1507 (2008)
2008-Ohio-5579 W. Carrollton City Schools Bd. of Edn. v. Montgomery Cty. Bd. of Revision. No. 2008-2059.Supreme Court of Ohio. October 30, 2008. Board of Tax Appeals, No. 2006-K-1741. MEDIATION REFERRALS.
MAY CO. v. ROWE, 131 Ohio St. 331 (1936)
2 N.E.2d 828 THE MAY CO. v. ROWE. THE STANDARD DRUG CO. v. ROWE. THE BING Co. v. ROWE. Nos. 25585, 25586 and 25587Supreme Court of Ohio. Decided June 3, 1936. Supreme Court — Dismissals — No debatable constitutional question involved — Corporations — Practice of profession — Section 8623-3, General Code — Optometry — […]
FOREMAN v. BELLEFONTAINE, 172 Ohio St. 425 (1961)
178 N.E.2d 39 FOREMAN ET AL., APPELLANTS v. CITY OF BELLEFONTAINE, APPELLEE. No. 37139Supreme Court of Ohio. Decided October 11, 1961. Supreme Court — Dismissal — No debatable constitutional question involved — Sewer extension sought — By petition to municipal council — Action to require municipality “to make it possible” to petition — Demurrer sustained […]
STATE v. GREEN, 90 Ohio St.3d 352 (2000)
738 N.E.2d 1208 The State of Ohio, Appellee, v. Green, Appellant. No. 98-913.Supreme Court of Ohio.Submitted June 6, 2000. Decided December 20, 2000. Appeal from the Court of Common Pleas of Lucas County, No. CR97-1450. On January 3, 1997, Samar El-Okdi was shot and left to die in an alley in Toledo. Around 1:40 a.m., […]
STATE v. HARRIS, 120 Ohio St.3d 1491 (2009)
2009-Ohio-278 State v. Harris. No. 2008-2372.Supreme Court of Ohio. January 28, 2009. Franklin App. No. 07AP-137, 2008-Ohio-27. APPEALS NOT ACCEPTED FOR REVIEW.
STATE v. ADELMAN, Unpublished Decision (2-24-1999)
State v. Adelman. No. 99-127.Supreme Court of Ohio. Date: February 24, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Summit App. No. 18824. This cause is pending before the court as a discretionary appeal and claimed appeal of right. On February 16, 1999, appellee filed a memorandum in […]
STATE v. ALEXANDER, 122 Ohio St.3d 1482 (2009)
2009-Ohio-3625 State v. Alexander. No. 2009-1034.Supreme Court of Ohio. July 29, 2009. Montgomery App. No. 22278. APPEALS NOT ACCEPTED FOR REVIEW.
DUNN v. ROSSBOROUGH MFG. CO., 83 Ohio St.3d 1429 (1998)
699 N.E.2d 945 Dunn v. Rossborough Mfg. Co. 98-1178.Supreme Court of Ohio. September 23, 1998. Lorain App. No. 96CA006632. DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent,
GROSSWEILER v. STATE, 113 Ohio St. 46 (1925)
148 N.E. 89 GROSSWEILER v. THE STATE OF OHIO. No. 18956Supreme Court of Ohio. Decided June 2, 1925. Criminal law — Rape — Assault with intent to commit — Charge to jury — Intent to use force to overcome resistance by prosecutrix. Upon a trial upon an indictment for assault with intent to commit rape, […]
STATE, EX REL. v. INDUS. COMM., 127 Ohio St. 217 (1933)
187 N.E. 768 THE STATE, EX REL. SMITH v. INDUSTRIAL COMMISSION OF OHIO. THE STATE, EX REL. ALLEN v. INDUSTRIAL COMMISSION OF OHIO. Nos. 24143 and 24144Supreme Court of Ohio. Decided November 1, 1933. Workmen’s compensation — Average weekly wage — Limited to wage received in employment in which injury occurred — Claimant injured while […]
MARTIN v. HENDERSON, 117 Ohio St.3d 1439 (2008)
2008-Ohio-1279 Martin v. Henderson. No. 2007-2209.Supreme Court of Ohio. March 26, 2008. Richland App. No. 07CA28, 2007-Ohio-5467. APPEALS NOT ACCEPTED FOR REVIEW.
COLVIN v. ABBEY’S RESTAURANT, INC., 87 Ohio St.3d 1437 (1999)
719 N.E.2d 2 Colvin v. Abbey’s Restaurant, Inc. No. 99-1464.Supreme Court of Ohio, Columbus. November 5, 1999. MISCELLANEOUS DISMISSALS Appeal from Summit App. No. 19290. This cause is pending before the court as a discretionary appeal. Upon consideration of appellant’s application for dismissal. IT IS ORDERED by the court that the application for dismissal be, […]
WILLIAMS v. BARRICK, 120 Ohio St.3d 1525 (2009)
2009-Ohio-614 Williams v. Barrick. No. 2008-2093.Supreme Court of Ohio. February 18, 2009. Franklin App. No. 08AP-133, 2008-Ohio-4592. APPEALS NOT ACCEPTED FOR REVIEW.
MERIT DECISIONS WITHOUT OPINIONS, 99 Ohio St.3d 1549 (2003)
2003-Ohio-4781, 795 N.E.2d 686Supreme Court of Ohio. 2003. MERIT DECISIONS WITHOUT OPINIONS Case Announcements and Administrative Actions September 11, 20032003-0350. State v. Reine. Montgomery App. No. 19157, 2003-Ohio-50. This cause is pending before the court as an appeal from the Court of Appeals for Montgomery County. Upon consideration of appellee’s motion to dismiss, It is […]
STATE, EX REL. P.O.B., INC., v. HAIR, 23 Ohio St.3d 50 (1986)
491 N.E.2d 306 THE STATE, EX REL. P.O.B., INC., APPELLANT, v. HAIR, JUDGE, APPELLEE. (Two cases.) Nos. 85-1213 and 85-1217Supreme Court of Ohio. Decided April 9, 1986. Bankruptcy — Forcible entry and detainer — Jurisdiction of municipal court — Court may determine its own jurisdiction. APPEALS from the Court of Appeals for Hamilton County. These […]
KOONTZ v. HUBLEY, 111 Ohio St. 414 (1924)
145 N.E. 590 KOONTZ v. HUBLEY, A MINOR, ET AL. No. 18301Supreme Court of Ohio. Decided December 9, 1924. Wills — Legacies given without providing fund — Charging residuary estate with legacies — Inference that testator knew property insufficient. The rule of construction applicable to wills, that where legacies are given generally and no fund […]
STATE v. CONWAY, 108 Ohio St.3d 1516 (2006)
2006-Ohio-1619, 844 N.E.2d 1209 State v. Conway. 2003-0647.Supreme Court of Ohio. April 3, 2006. Franklin C.P. No. 02CR-1153. MOTION AND PROCEDURAL RULINGS This cause came on for further consideration upon the filing of a motion for stay of execution pending the filing and disposition of a petition for a writ of certiorari in the Supreme […]
DISCIPLINARY COUNSEL v. FLOYD, 74 Ohio St.3d 599 (1996)
660 N.E.2d 1150 OFFICE OF DISCIPLINARY COUNSEL v. FLOYD. No. 95-2532Supreme Court of Ohio.Submitted January 24, 1996 — Decided February 28, 1996. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 95-51. In a two-count complaint filed on June 5, 1995, relator, Office of Disciplinary Counsel, charged […]