184 N.E. 289 THE STATE, EX REL. BASSICHIS ET AL. v. ZANGERLE, COUNTY AUD., ET AL. No. 23692Supreme Court of Ohio. Decided January 25, 1933. Mandamus — Writ not available where law remedy adequate — Right to writ not conferred by failure to pursue legal remedy within limitation — Refund of taxes paid after buildings […]
Category: Ohio Supreme Court Opinions
BANK v. CONSERVANCY DIST., 130 Ohio St. 337 (1935)
199 N.E. 217 THE GEORGE D. HARTER BANK OF CANTON, TRUSTEE, ET AL. v. MUSKINGUM WATERSHED CONSERVANCY DIST. No. 25691Supreme Court of Ohio. Decided December 18, 1935. Supreme Court — Dismissals — No debatable constitutional question involved — Appropriation of private property incidental to improvement — Section 6828 et seq., General Code — Jurisdiction of […]
INDUS. COMM. v. FLYNN, 129 Ohio St. 220 (1935)
194 N.E. 420 INDUSTRIAL COMMISSION OF OHIO v. FLYNN. No. 24849Supreme Court of Ohio. Decided February 20, 1935. Workmen’s compensation — City fireman seriously injured and died almost instantly — Fireman an “employee” and dependents entitled to death award — Sections 1465-61 and 1465-68, General Code — Firemen’s pension fund — Status determined on basis […]
IN RE JOHNSON, 103 Ohio St.3d 1465 (2004)
2004-Ohio-5056 IN RE JOHNSON. 2004-1315.Supreme Court of Ohio. September 29, 2004. Franklin App. Nos. 03AP-1264 and 03AP-1265, 2004-Ohio-3886. O’Connor, J., dissents. Page 1466
BARTHOLOMEW BUILDERS, INC. v. SPIRITOS, 106 Ohio St.3d 1509 (2005)
2005-Ohio-4605, 833 N.E.2d 1250 Bartholomew Builders, Inc. v. Spiritos. No. 2005-1017.Supreme Court of Ohio. September 7, 2005. Trumbull App. No. 2003-T-0027, 2005-Ohio-1900. APPEALS NOT ACCEPTED FOR REVIEW
MURRAY ENERGY v. PEPPER, 119 Ohio St.3d 1485 (2008)
2008-Ohio-5273 Murray Energy Corp. v. Pepper Pike. No. 2008-1151.Supreme Court of Ohio. October 15, 2008. Cuyahoga App. No. 90420, 2008-Ohio-2818. APPEALS ACCEPTED FOR REVIEW.
HALL-DAVIS v. HONEYWELL, 122 Ohio St.3d 1411 (2009)
2009-Ohio-2751 Hall-Davis v. Honeywell, Inc. No. 2009-0507.Supreme Court of Ohio. June 17, 2009. Champaign App. No. 2008 CA 2, 2009-Ohio-531. APPEALS NOT ACCEPTED FOR REVIEW.
IN RE APPLICATION OF BAGNE, 105 Ohio St.3d 1553 (2005)
2005-Ohio-2424 IN RE APPLICATION OF BAGNE. No. 2003-1228.Supreme Court of Ohio. May 20, 2005. DISCIPLINARY CASES On May 12, 2004, the court ordered that the application of applicant be disapproved and that he could reapply for the February 2005 bar examination. On April 8, 2005, applicant filed a motion for relief from judgment. Upon consideration […]
AMSTUTZ v. EBERLIN, 112 Ohio St.3d 1437 (2007)
2007-Ohio-152 Amstutz v. Eberlin. No. 2006-2159.Supreme Court of Ohio. January 24, 2007. Appeal from the In Habeas Corpus. Merit Decisions without Opinions On petition for writ of habeas corpus of Ricky L. Amstutz and petitioner’s motion to allow petition for writ of habeas corpus. Sua sponte, cause dismissed. Motion to allow petition denied as moot. […]
ADKINS v. WELCH, 109 Ohio St.3d 1456 (2006)
2006-Ohio-2226, 847 N.E.2d 6 ADKINS v. WELCH. 2006-0203.Supreme Court of Ohio. May 10, 2006. Franklin App. No. 05AP-482. APPEALS NOT ACCEPTED FOR REVIEW
LARKINS v. OHIO DEPT. OF REHAB. CORR, 86 Ohio St.3d 1415 (1999)
711 N.E.2d 1010 Larkins v. Ohio Dept. of Rehab. Corr. No. 99-771.Supreme Court of Ohio. June 30, 1999. Franklin App. No. 98AP-711.
WINERY, INC. v. BOARD, 167 Ohio St. 61 (1957)
146 N.E.2d 430 THE POMPEI WINERY, INC., D.B.A. PIONEER WINE CO., APPELLANT v. BOARD OF LIQUOR CONTROL, APPELLEE. No. 35094Supreme Court of Ohio. Decided November 27, 1957. Liquor Control Act — Purpose of — To control liquor industry — Powers of General Assembly — Delegation of power — Section 4301.13, Revised Code — Rules and […]
REESE v. PRICE, 84 Ohio St.3d 1429 (1998)
702 N.E.2d 904 Reese v. Price. No. 98-1363.Supreme Court of Ohio. December 9, 1998. Appeal from the Erie App. No. E-97-086. Reported at 83 Ohio St.3d 1460, 700 N.E.2d 877. On motion for reconsideration. Motion denied. RESNICK, J., not participating.
HOWELL v. HOWELL, 122 Ohio St. 543 (1930)
172 N.E. 528 HOWELL v. HOWELL ET AL. No. 22081Supreme Court of Ohio. Decided May 21, 1930. Life estates — Life tenant may convey entire interest to another — Life tenant, assigning interest and surrendering possession, not liable for waste — Section 8593, General Code. 1. A tenant for life may convey his entire interest […]
MEDIATION REFERRALS, Unpublished Decision (10-21-2004)
2004-Ohio-5571Supreme Court of Ohio. Case Announcements and Administrative Actions, October 21, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MEDIATION REFERRALS 2004-1707. State ex rel. Marshall v. Indus. Comm. Franklin App. No. 03AP-1260, 2004-Ohio-5157. The court refers this case to mediation under S.Ct.Prac.R. XIV(6) and stays the briefing schedule for […]
PIPE LINE CO. v. P.U.C., 56 Ohio St.2d 334 (1978)
383 N.E.2d 1163 PANHANDLE EASTERN PIPE LINE COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 78-170Supreme Court of Ohio. Decided December 7, 1978. Public Utilities Commission — Required approval of securities issuance — R.C. 4905.40 through 4905.42 — Constitutionality. When the effect of the requirement embodied in R.C. 4905.40 through 4905.42, that a […]
MERIT DOCKET, 66 Ohio St.3d 1419 (1993)
607 N.E.2d 842-847Supreme Court of Ohio. 1993. MERIT DOCKET Wednesday, February 24, 1993 92-1961. State ex rel. Hawthorn v. Bixler. In Mandamus. On motion to dismiss. Sua sponte, cause dismissed. MOYER, C.J., A.W. SWEENEY, DOUGLAS, RESNICK and F.E. SWEENEY, JJ., concur. WRIGHT, J., dissents and would deny the writ. PFEIFER, J., dissents and would grant […]
PENN TRAFFIC CO. v. CLARK CTY. BD. OF ELECTIONS, 90 Ohio St.3d 1231 (2000)
738 N.E.2d 796 Penn Traffic Company, d.b.a. Big Bear Stores; Zeus Shopping Center, Inc., Appellant, v. Clark County Board of Elections, Appellee. No. 99-2206.Supreme Court of Ohio.Submitted October 11, 2000. Decided December 13, 2000. Appeal from the Court of Appeals for Clark County, No. 99-CA-26. Lagos Lagos and Thomas H. Lagos, for appellant. Page 1232 […]
DAYTON BAR ASSN. v. GROSS, 62 Ohio St.3d 224 (1991)
581 N.E.2d 520 DAYTON BAR ASSOCIATION v. GROSS. No. 91-1251Supreme Court of Ohio.Submitted October 15, 1991 — Decided December 18, 1991. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 90-70. Relator, Dayton Bar Association, filed a complaint with the Board of Commissioners on Grievances and Discipline […]
STATE v. OHIO DISPOSAL SYS., 124 Ohio St.3d 1524 (2010)
2010-Ohio-1179 State ex rel. Mays v. Ohio Disposal Sys. Inc. No. 2009-2345.Supreme Court of Ohio. March 25, 2010. Franklin App. No. 09AP-159, 2009-Ohio-6322. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal, It is ordered by the […]
KEITH v. BUTLER CTY., 114 Ohio St.3d 1422 (2007)
2007-Ohio-2904 State ex rel. Keith v. Butler Cty. Court of Common Pleas. No. 2007-0717.Supreme Court of Ohio. June 20, 2007. Appeal from the In Prohibition. Merit Decisions Without Opinions. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur. Page 1423
MERIT DOCKET, 65 Ohio St.3d 1428 (1992)
600 N.E.2d 673-687Supreme Court of Ohio. 1992. MERIT DOCKET Wednesday, October 21, 1992 91-1153. Newbold v. Keller. In Mandamus. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur. 91-1720, 92-515 and 92-516. Pariano v. Kerr. Cuyahoga County, No. 61973. On motion to […]
DISCIPLINARY COUNSEL v. MCDOWELL, 71 Ohio St.3d 22 (1994)
641 N.E.2d 185 OFFICE OF DISCIPLINARY COUNSEL v. MCDOWELL. No. 94-493Supreme Court of Ohio.Submitted September 20, 1994 — Decided November 23, 1994. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 93-40. In a complaint filed August 16, 1993, relator, Office of Disciplinary Counsel, charged respondent, Gregory […]
STATE v. HEARN, 115 Ohio St. 340 (1926)
154 N.E. 244 THE STATE OF OHIO v. HEARN. No. 19667Supreme Court of Ohio. Decided November 16, 1926. Criminal law — Indictment for forging a check — Proof of forgery of payee’s name — Not variance justifying directed verdict of not guilty. Upon trial under an indictment charging “unlawfully, falsely, making, forging, and counterfeiting a […]
CLEVELAND ELEC. ILLUM. CO. v. ASTORHURST LAND CO., 18 Ohio St.3d 268 (1985)
480 N.E.2d 794 CLEVELAND ELECTRIC ILLUMINATING CO., APPELLANT AND CROSS-APPELLEE, v. ASTORHURST LAND COMPANY, APPELLEE AND CROSS-APPELLANT. No. 83-1968Supreme Court of Ohio. Decided July 24, 1985. Civil procedure — Civ. R. 51(A) abolishes necessity to give special jury instructions — Rules of Civil Procedure applicable to land appropriation proceedings, when — Juror cannot impeach his […]
MOTION DOCKET, 63 Ohio St.3d 1465 (1992)
590 N.E.2d 1265-1269Supreme Court of Ohio. 1992. MOTION DOCKET Wednesday, May 13, 1992 89-70. State v. Montgomery. Lucas County, No. L-86-395. UPON CONSIDERATION of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the exhaustion of state post-conviction remedies, IT IS ORDERED by the court that […]
MARSHALL v. RUSSO, 111 Ohio St.3d 1406 (2006)
2006-Ohio-5083 Marshall v. Russo. No. 2006-1460.Supreme Court of Ohio. October 4, 2006. In Prohibition. MERIT DECISIONS WITHOUT OPINIONS On respondent’s motions to dismiss and for sanctions for frivolous action, respondent’s motions for issuance of an alternative writ and for injunctive relief, respondent’s motion to strike relator’s motions opposing motion to dismiss, for issuance of an […]
DISCIPLINARY COUNSEL v. TRAVIS, 101 Ohio St.3d 322 (2004)
2004-Ohio-785, 804 N.E.2d 969 Disciplinary Counsel, v. Travis. No. 2003-1533.Supreme Court of Ohio.Submitted October 20, 2003. Decided March 10, 2004. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 02-80. PER CURIAM. {¶ 1} Respondent, Christopher T. Travis of Lebanon, Ohio, Attorney Registration No. 0067699, was admitted […]
STIVISON v. GOODYEAR TIRE RUBBER CO., 80 Ohio St.3d 498 (1997)
687 N.E.2d 458 STIVISON, APPELLANT, v. GOODYEAR TIRE RUBBER COMPANY ET AL., APPELLEES. No. 96-1411Supreme Court of Ohio.Submitted September 10, 1997 — Decided December 31, 1997. APPEAL from the Court of Appeals for Hocking County, No. 95CA13. After finishing a shift at the Goodyear Tire Rubber Co. (“Goodyear”) plant, appellant, Richard Stivison, stopped at a […]
HOSPITAL CORP. v. SWANK, 141 Ohio St. 545 (1943)
49 N.E.2d 403 THE MANSFIELD GENERAL HOSPITAL CORP., APPELLANT v. SWANK ET AL., TRUSTEES OF JEFFERSON TWP., RICHLAND COUNTY, APPELLEES. No. 29353Supreme Court of Ohio. Decided June 2, 1943. Poor relief — Sections 3476 and 3480, General Code, in pari materia — Township trustees liable for emergency hospital service to indigents, when. Sections 3476 and […]
STATE EX REL. v. BROWN, 176 Ohio St. 155 (1964)
198 N.E.2d 447 THE STATE EX REL. GREEN ET AL. v. BROWN, SECRETARY OF STATE. No. 38359Supreme Court of Ohio. Decided April 29, 1964. Mandamus — To compel filing of articles of incorporation — Denied, when — Articles describing activities amounting to practice of law. IN MANDAMUS. ON DEMURRER to petition. Messrs. Green Green, for […]
MERIT DOCKET, 55 Ohio St.3d 702 (1990)
562 N.E.2d 893-899Supreme Court of Ohio. 1990. MERIT DOCKET Wednesday, October 24, 1990 90-902. State, ex rel. Gump, v. Safranek. In Mandamus. On motion to dismiss and on motion for summary judgment. Motion to dismiss sustained. Cause dismissed. Moyer, C.J., Sweeney, Holmes, Douglas, Wright and Resnick, JJ., concur. H. Brown, J., would dismiss, but not […]
IN RE DISQUALIFICATION OF CELEBREZZE, 101 Ohio St.3d 1224 (2003)
2003-Ohio-7352, 803 N.E.2d 823 In re Disqualification of Celebrezze. Carlson-Miller, v. Miller. No. 03-AP-079.Supreme Court of Ohio. Decided September 22, 2003. ON AFFIDAVIT OF DISQUALIFICATION in Cuyahoga County Common Pleas Court, Division of Domestic Relations, case No. D291165. MOYER, C.J. {¶ 1} This affidavit of disqualification was filed by Jacob Kronenberg, counsel for defendant, seeking […]
STATE v. COSME, 120 Ohio St.3d 1453 (2008)
2008-Ohio-6813 State v. Cosme. No. 2008-1447.Supreme Court of Ohio. December 31, 2008. Cuyahoga App. No. 90075, 2008-Ohio-2811. APPEALS NOT ACCEPTED FOR REVIEW.
McGHAN v. VETTEL, 122 Ohio St.3d 227 (2009)
2009-Ohio-2884 McGHAN, APPELLANT, v. VETTEL, JUDGE, APPELLEE. Page 228 No. 2009-0044.Supreme Court of Ohio.Submitted June 16, 2009. Decided June 25, 2009. APPEAL from the Court of Appeals for Ashtabula County, No. 2008-A-0036, 2008-Ohio-6063. Per Curiam. {¶ 1} This is an appeal from a judgment denying a writ of prohibition to prevent a common pleas court […]
STATE, EX REL. PELL, v. WESTLAKE, 64 Ohio St.2d 360 (1980)
415 N.E.2d 289 THE STATE, EX REL. PELL, APPELLANT, v. CITY OF WESTLAKE ET AL., APPELLEES. No. 80-487Supreme Court of Ohio. Decided December 30, 1980. Mandamus — To compel promotion of police patrolman to sergeant — Writ allowed, when. APPEAL from the Court of Appeals for Cuyahoga County. This action in mandamus was initiated in […]
CROCKETT v. HASKINS, SUPT., 2 Ohio St.2d 322 (1965)
208 N.E.2d 744 CROCKETT v. HASKINS, SUPT., LONDON CORRECTIONAL INSTITUTION. No. 39357Supreme Court of Ohio. Decided June 23, 1965. Habeas corpus — Plea of guilty to lesser offense and sentence — Arrest without warrant — Search of home without warrant — Illegally obtained evidence — Right to relief by habeas corpus not shown. IN HABEAS […]
STATE v. GRAHAM, 109 Ohio St.3d 1508 (2006)
2006-Ohio-2998, 849 N.E.2d 1029 State v. Graham. No. 2006-0725.Supreme Court of Ohio. June 21, 2006. Franklin App. No. 05AP-588, 2006-Ohio-914. APPEALS NOT ACCEPTED FOR REVIEW
IN RE MCWILSON, 155 Ohio St. 261 (1951)
98 N.E.2d 289 IN RE ESTATE OF MCWILSON. No. 32379Supreme Court of Ohio. Decided April 18, 1951. Evidence — Death presumed after seven years absence — Common-law rule modified by Presumed Decedents’ Act — Administration of estates — Section 10509-25 et seq., General Code — Presumption arises as of date of decree — Section 10509-28, […]
STATE v. COLLINS, 117 Ohio St.3d 1406 (2008)
2008-Ohio-565 State v. Collins. No. 2007-2055.Supreme Court of Ohio. February 20, 2008. Montgomery App. No. 21689, 2007-Ohio-5365. APPEALS NOT ACCEPTED FOR REVIEW.
STATE, EX REL. SROVNAL, v. LINTON, 46 Ohio St.2d 207 (1976)
346 N.E.2d 764 THE STATE, EX REL. SROVNAL ET AL., APPELLANTS, v. LINTON. APPELLEE. No. 75-904Supreme Court of Ohio. Decided May 12, 1976. Municipal corporations — Zoning — Exceptions — Council affirmance of grant of use exception — An administrative act — Not subject to referendum. Where the city council, under favor of the city’s […]
STATE v. WISE, Unpublished Decision (2-17-1999)
State v. Wise. No. 98-2451.Supreme Court of Ohio.Date: February 3, 1999. Announcement: February 17, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Fairfield App. No. 98CA00006.
STATE, EX REL. v. GRIFFITH, 135 Ohio St. 604 (1939)
22 N.E.2d 200 THE STATE, EX REL. PUBLIC INSTITUTIONAL BUILDING AUTHORITY v. GRIFFITH, SECY. OF STATE. No. 27665Supreme Court of Ohio. Decided July 5, 1939. Constitutional law — State debt limitation — Sections 1 and 3, Article VIII, Constitution — Inapplicable to indebtedness payable from revenue or income from property, when — Applicable where revenue […]
PETROCON v. KOSYDAR, 38 Ohio St.2d 264 (1974)
313 N.E.2d 373 PETROCON, INC., APPELLANT, v. KOSYDAR, TAX COMMR., APPELLEE. No. 73-946Supreme Court of Ohio. Decided June 19, 1974. Taxation — Severance tax — R.C. 5749.02 — Burden on party challenging constitutionality — Burden not met, when. APPEAL from the Board of Tax Appeals. Mr. John N. Teeple, for appellant. Mr. William J. Brown, […]
STATE v. SMITH, 86 Ohio St.3d 1489 (1999)
716 N.E.2d 721 State v. Smith. No. 99-1239.Supreme Court of Ohio, Columbus. September 22, 1999. Franklin App. No. 98AP-871.
WARDEN v. PEARSON, 136 Ohio St. 244 (1940)
24 N.E.2d 952 WARDEN, ADMR., APPELLANT v. PEARSON ET AL., APPELLEES. No. 27885Supreme Court of Ohio. Decided January 10, 1940. Supreme Court — Dismissal — No debatable constitutional question involved — Conveyance of property to children by judgment creditor — Degree of proof required to show fraud — Section 8618, General Code. APPEAL from the […]
CARNEY v. CLEVELAND, 173 Ohio St. 56 (1962)
180 N.E.2d 14 IN RE APPLICATION FOR EXEMPTION OF REAL PROPERTY FROM TAXATION: CARNEY, AUD., APPELLANT v. CITY OF CLEVELAND ET AL., APPELLEES. CITY OF CLEVELAND, APPELLANT v. CARNEY, AUD., APPELLEE. Nos. 36978 and 36980Supreme Court of Ohio. Decided January 24, 1962. Taxation — Public property — Conditions essential to exemption — Property of municipally […]
STATE EX REL. STEVENS v. INDUS. COMM., 106 Ohio St.3d 1452 (2005)
2005-Ohio-3437 State ex rel. Stevens v. Indus. Comm. 2005-1105.Supreme Court of Ohio. July 5, 2005. Franklin App. No. 04AP-919, 2005-Ohio-2804. MEDIATION REFERRALS Page 1453
STRODTBECK v. LAKE HOSP. SYS., 129 Ohio St.3d 1506 (2011)
2011-Ohio-5358, 955 N.E.2d 387 Strodtbeck v. Lake Hosp. Sys., Inc. No. 2011-1122.Supreme Court of Ohio. October 19, 2011. APPEAL NOT ACCEPTED FOR REVIEW Lake App. No. 2010-L-053, 2011-Ohio-2327.
STATE v. PORDASH, 109 Ohio St.3d 1459 (2006)
2006-Ohio-2226, 847 N.E.2d 7 STATE v. PORDASH. 2006-0429.Supreme Court of Ohio. May 10, 2006. Lorain App. No. 04CA008480, 2004-Ohio-6081. APPEALS NOT ACCEPTED FOR REVIEW
GLASPELL v. OHIO EDISON CO., 29 Ohio St.3d 44 (1987)
505 N.E.2d 264 GLASPELL ET AL. v. OHIO EDISON COMPANY ET AL., APPELLANTS; MAHONING VALLEY CABLEVISION, INC., APPELLEE. No. 86-567Supreme Court of Ohio. Decided March 25, 1987. Contracts — Indemnity agreements — Strict construction of limitation of liability clause need not be applied, when. O.Jur 3d Contribution etc. §§ 37, 41, 42. 1. While clauses […]
EDELSTEIN v. GLANDER, 148 Ohio St. 19 (1947)
72 N.E.2d 384 EDELSTEIN, APPELLANT v. GLANDER, TAX COMMR., APPELLEE. No. 30850Supreme Court of Ohio. Decided March 26, 1947. Taxation — Sales tax — Vendor failed to keep complete and accurate records — Section 5546-12, General Code — Presumption that all Sales subject to tax — Section 5548-2, General Code — Deficiency sales-tax assessment made […]
STATE v. ROGERS, 32 Ohio St.3d 70 (1987)
512 N.E.2d 581 THE STATE OF OHIO, APPELLEE, v. ROGERS, A.K.A. HUDSON, APPELLANT. No. 84-784Supreme Court of Ohio. Decided August 12, 1987. Criminal law — Aggravated murder — Prosecutor’s use of defendant’s post-Miranda exercise of rights as proof of defendant’s sanity — Prejudicial error. APPEAL from the Court of Appeals for Lucas County. ON MOTION […]
POULTRY ASSN. v. SCHNEIDER, 2 Ohio St.2d 34 (1965)
205 N.E.2d 905 NORTHWESTERN OHIO POULTRY ASSN., INC., APPELLEE v. SCHNEIDER, TAX COMMR., APPELLANT. No. 38715Supreme Court of Ohio. Decided March 31, 1965. Taxation — Sales and use taxes — Exceptions — Sale and use of material used in processing for sale — Eggs — Washing, candeling, grading, weighing, oiling, packing, etc., constitutes processing. APPEAL […]
STATE v. WEBB, 86 Ohio St.3d 1482 (1999)
716 N.E.2d 215 State ex rel. CBS Broadcasting, Inc. v. Webb. No. 99-1689.Supreme Court of Ohio, Columbus. September 16, 1999. In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration of relators’ motion for issuance of alternative writ and relators’ motion to expedite emergency […]
STATE v. LILES, 106 Ohio St.3d 1560 (2005)
2005-Ohio-5531, 836 N.E.2d 583 State v. Liles. 2005-0940.Supreme Court of Ohio. October 26, 2005. Allen App. No. 1-05-10. Reported at 106 Ohio St.3d 1508, 2005-Ohio-4605, 833 N.E.2d 1249. RECONSIDERATION OF PRIOR DECISIONS On motion for reconsideration. Motion denied.
BAY COAST PRO. v. NATL. CITY BANK, 111 Ohio St.3d 1415 (2006)
2006-Ohio-5083 Bay Coast Properties, Inc. v. Natl. City Bank. No. 2006-1226.Supreme Court of Ohio. October 4, 2006. Huron App. No. H-05-015, 2006-Ohio-2348. APPEALS NOT ACCEPTED FOR REVIEW
MERIT DOCKET, 71 Ohio St.3d 1496 (1995)
646 N.E.2d 834-835Supreme Court of Ohio. 1995. MERIT DOCKET Wednesday, March 15, 1995 94-620. Uschold v. Community Blood Center. Montgomery County, No. 14349. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. Page 1497
STATE v. BRAYLOCK, 65 Ohio St.3d 11 (1992)
598 N.E.2d 1156 THE STATE OF OHIO, APPELLANT, v. BRAYLOCK ET AL., APPELLEES. No. 91-1518Supreme Court of Ohio.Submitted July 29, 1992 — Decided October 7, 1992. CERTIFIED by the Court of Appeals for Lucas County, Nos. L-90-001 and L-90-121. Anthony G. Pizza, Prosecuting Attorney, and Mary Sue Barone, for appellant. Scott E. Spencer, for appellees. […]
STATE, EX REL. v. JONES, 149 Ohio St. 381 (1948)
78 N.E.2d 727 THE STATE, EX REL. SPRATLEY, JR. v. JONES ET AL. No. 31421Supreme Court of Ohio. Decided April 14, 1948. Elections — Referendum on Columbus ordinance levying tax on personal service compensation — Council authorized to submit issue at special election, when — Section 50, Charter of Columbus — Mandamus — Exercise of […]
BROWN v. LEONARD, Unpublished Decision (9-29-1999)
Brown v. Leonard. No. 99-916.Supreme Court of Ohio. Decided September 29, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Allen App. No. 1-99-20. Judgment affirmed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
HORINE v. VINEYARD COMM. CHURCH, 113 Ohio St.3d 1490 (2007)
2007-Ohio-1986 Horine v. Vineyard Community Church. No. 2007-0155.Supreme Court of Ohio. May 2, 2007. Hamilton App. No. C-060097, 2006-Ohio-6620. Appeals Not Accepted for Review O’CONNOR, J., dissents and would accept the appeal on Proposition of Law Nos. I and II.
STATE v. LOCKETT, 120 Ohio St.3d 1458 (2008)
2008-Ohio-6813 State v. Lockett. No. 2008-1913Supreme Court of Ohio. December 31, 2008. Lucas App. No. L-07-1001, 2008-Ohio-2099. APPEALS NOT ACCEPTED FOR REVIEW.
STATE EX REL. WASHINGTON v. INDUS. COMM., 112 Ohio St.3d 86 (2006)
2006-Ohio-6505, 858 N.E.2d 353 THE STATE EX REL. WASHINGTON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 2006-0070.Supreme Court of Ohio.Submitted October 3, 2006. Decided December 27, 2006. Page 87 APPEAL from the Court of Appeals for Franklin County, No. 05AP-18, 2005-Ohio-6470. Per Curiam. {¶ 1} We are asked to determine whether appellee, Industrial Commission […]
STATE v. WITHERS, 44 Ohio St.2d 53 (1975)
337 N.E.2d 780 THE STATE OF OHIO, APPELLEE, v. WITHERS, APPELLANT. No. 75-100Supreme Court of Ohio. Decided November 19, 1975. Criminal procedure — Armed robbery — Accused’s right to counsel — Pretrial period — No showing of prejudicial error — Evidence — Admissibility — No abuse of discretion, when — Sentence. APPEAL from the Court […]
KNEISLEY v. LATTIMER-STEVENS CO., 40 Ohio St.3d 354 (1988)
533 N.E.2d 743 KNEISLEY, APPELLEE, v. LATTIMER-STEVENS COMPANY, APPELLANT. SCHMIDT ET AL., APPELLEES, v. MAST-LEPLEY SILO, INC., APPELLANT. Nos. 87-1678 and 88-397Supreme Court of Ohio.Submitted November 14, 1988 — Decided December 30, 1988.[*] [*] Reporter’s Note: This cause was decided on December 30, 1988, but was released to the public on January 25, 1989, subsequent […]
TOLEDO BAR ASSN. v. HALES, 118 Ohio St.3d 1468 (2008)
2008-Ohio-3120 Toledo Bar Assn. v. Hales. No. 2008-0819.Supreme Court of Ohio. June 26, 2008. DISCIPLINARY CASES. This cause is pending before the court upon the filing of a report by the Board of Commissioners on Grievances and Discipline. Upon consideration of the joint motion for continuance of oral argument scheduled for July 22, 2008, It […]
IN RE GUARDIANSHIP OF SCHNEIDER, 108 Ohio St.3d 1500 (2006)
2006-Ohio-1321, 844 N.E.2d 355 In re Guardianship of Schneider. No. 2005-1652.Supreme Court of Ohio. March 23, 2006. Medina App. No. 05CA0050-M. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal from the Court of Appeals for Medina County. Upon consideration of appellant’s motion to vacate the order issued February 27, […]
REHEARING DOCKET, 39 Ohio St.3d 710 (1988)
534 N.E.2d 75Supreme Court of Ohio. 1988. REHEARING DOCKET Wednesday, October 5, 1988 87-891. State v. Brown. Hamilton County, No. C-850434. Reported at 38 Ohio St.3d 305, 528 N.E.2d 523. On motion for rehearing. Rehearing denied. 87-1087. MCI Telecommunications Corp. v. Pub. Util. Comm. Appeal from the Public Utilities Commission of Ohio, No. 86-464-TP-COI. Reported […]
McMURRAY v. SEED STORE, 117 Ohio St. 236 (1927)
157 N.E. 567 McMURRAY v. VAUGHN’S SEED STORE. No. 20289Supreme Court of Ohio. Decided June 22, 1927. Pleading — Answer — Set-off limited to action arising on contract — Ex delicto pleaded by answer in action ex contractu — Negligence — Retail dealer not liable for injuries from defective condition of goods — No implied […]
STATE, EX REL. MANSFIELD, v. ECKHART, 30 Ohio St.2d 278 (1972)
285 N.E.2d 12 THE STATE, EX REL. CITY OF MANSFIELD, v. ECKHART ET AL., PUBLIC UTILITIES COMMISSION OF OHIO. No. 72-198Supreme Court of Ohio. Decided June 21, 1972. Prohibition — Writ not available, when — To prevent an anticipated erroneous decision. IN PROHIBITION. This is an original action in prohibition. The city of Mansfield seeks […]
STATE, EX REL. GRAPHICS CORP., v. INDUS. COMM., 40 Ohio St.3d 419 (1988)
534 N.E.2d 60 THE STATE, EX REL. HARRIS GRAPHICS CORPORATION, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 88-1794Supreme Court of Ohio.Submitted December 28, 1988 — Decided December 30, 1988.[*] [*] Reporter’s Note: This cause was decided on December 30, 1988, but was released to the public on January 30, 1989, subsequent to the retirement […]
McBRIDE v. UNIVERSITY CLUB, 112 Ohio St. 69 (1925)
146 N.E. 804 McBRIDE, TREAS. v. THE UNIVERSITY CLUB. No. 18826Supreme Court of Ohio. Decided March 3, 1925. Court of appeals — Appellate jurisdiction — Chancery case — Section 6, Article IV, Constitution — Action to recover taxes illegally collected not appealable. A suit brought under the provisions of Section 12075, General Code, to recover […]
JAMES R. SODA v. UNITED LIBERTY LIFE INS., 24 Ohio St.3d 188 (1986)
494 N.E.2d 1099 JAMES R. SODA, INC., N.K.A. BELLEVUE CORPORATION, APPELLANT, v. UNITED LIBERTY LIFE INSURANCE COMPANY, APPELLEE. No. 85-1202Supreme Court of Ohio. Decided July 2, 1986. Insurance — Premium not apportionable once insurer’s legal risk has attached, when — Insured not entitled to refund of premium paid annually, when. O.Jur 3d Insurance § 491. […]
STATE v. UNDERWOOD, 124 Ohio St.3d 1494 (2010)
2010-Ohio-670 State v. Underwood. Nos. 2008-2133 and 2008-2228.Supreme Court of Ohio. March 3, 2010. Montgomery App. No. 22454, 2008-Ohio-4748. RECONSIDERATION OF PRIOR DECISIONS Reported at ___ Ohio St.3d ___, 2010-Ohio-1, ___ N.E.2d ___. On motion for reconsideration. Motion denied. LUNDBERG STRATTON, O’DONNELL, and CUPP, JJ., dissent.
IN RE MILLER, 119 Ohio St.3d 1486 (2008)
2008-Ohio-5273 In re Miller. No. 2008-1232.Supreme Court of Ohio. October 15, 2008. Licking App. No. 2007CA00073, 2008-Ohio-2399. APPEALS ACCEPTED FOR REVIEW.
STATE EX REL. TURNER v. HOUK, 112 Ohio St.3d 561 (2007)
2007-Ohio-814, 862 N.E.2d 104 THE STATE EX REL. TURNER v. HOUK, WARDEN, ET AL. No. 2006-2240.Supreme Court of Ohio.Submitted January 23, 2007. Decided March 14, 2007. IN MANDAMUS. Per Curiam. {¶ 1} This is an original action for a writ of mandamus to compel respondents, the Ohio Department of Rehabilitation and Correction, its director, and […]
GRIGGS v. BOOKWALTER, 113 Ohio St.3d 1415 (2007)
2007-Ohio-1036 Griggs v. Bookwalter. No. 2006-2188.Supreme Court of Ohio. March 14, 2007. Montgomery App. No. 21220, 2006-Ohio-5392. Appeals not Accepted for Review
STATE v. DENNIS, 112 Ohio St.3d 1438 (2007)
2007-Ohio-152 State v. Dennis. No. 2006-2070.Supreme Court of Ohio. January 24, 2007. Appeal from the Franklin App. No. 05AP-1290, 2006-Ohio-5777. Motion and Procedural Rulings On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2006-1245 and 2006-1383, State v. Payne, Franklin App. No. […]
KYLE v. FOK, 18 Ohio St.2d 70 (1969)
247 N.E.2d 457 KYLE, ADMX., APPELLANT v. FOK ET AL., APPELLEES. No. 68-596Supreme Court of Ohio. Decided May 7, 1969. Charge to jury — Special instruction employing phrase “guilty of malpractice” — Wrongful death action alleging medical malpractice — Objection not made — Dismissal. APPEAL from the Court of Appeals for Mahoning County. Mr. Martin […]
STATE EX REL. THOMPSON v. INDUS. COMM., 82 Ohio St.3d 585 (1998)
697 N.E.2d 216 THE STATE EX REL. THOMPSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 95-2160Supreme Court of Ohio.Submitted June 9, 1998 — Decided August 12, 1998. APPEAL from the Court of Appeals for Franklin County, No. 94APD08-1198. On October 25, 1986, appellant, Daniel J. Thompson, was injured in the course of and arising […]
MOTION AND PROCEDURAL RULINGS, 98 Ohio St.3d 1450 (2003)
782 N.E.2d 1164Supreme Court of Ohio. 2003. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions February 3, 20032002-2061. State ex rel. Mulholland v. Schweikert. Hamilton App. No. C-020603. This cause is pending before the court as an appeal from the Court of Appeals for Hamilton County. Upon consideration of appellant’s motion for extension of […]
STEWART v. STATE EMP. RELATIONS BD., Unpublished Decision (3-1-2006)
2006-Ohio-805 State ex rel. Stewart v. State Emp. Relations Bd., 2006-Ohio-661. No. 2005-1120.Supreme Court of Ohio. March 1, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Montgomery App. No. CA 20329. Judgment affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer, J., […]
STATE v. LOVELESS, 121 Ohio St.3d 1497 (2009)
2009-Ohio-2511 State v. Loveless. No. 2009-0629.Supreme Court of Ohio. June 3, 2009. Jefferson App. Nos. 07JE20, 2008-Ohio-3243, and 05JE60, 2007-Ohio-1560. MOTION AND PROCEDURAL RULINGS On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.
SPENCE v. NATL. MUT. INS. CO., 87 Ohio St.3d 1408 (1999)
716 N.E.2d 1169 Spence v. Natl. Mut. Ins. Co. No. 99-1347.Supreme Court of Ohio. Decided September 29, 1999. Monroe App. No. 812. Discretionary appeal allowed; cause consolidated with 99-1547, Spence v. Natl. Ins. Co., Monroe App. No. 812; cause held for the decision in 99-342, 99-348 and 99-618 Holcomb v. State Farm Ins. Cos., Franklin […]
MOTION AND PROCEDURAL RULINGS, 102 Ohio St.3d 1419 (2004)
2004-Ohio-2003, 807 N.E.2d 365Supreme Court of Ohio. Case Announcements and Administrative Actions, April 28, 2004. MOTION AND PROCEDURAL RULINGS 1990-1780. State ex rel. Internatl. Union of OperatingEngineers v. Cleveland. Cuyahoga App. No. 57729. On motions to strike and motion for leave to supplement evidence of Municipal Construction Equipment Operators’ Labor Council and response to show-cause […]
MINNICK v. LEE, 86 Ohio St.3d 1407 (1999)
711 N.E.2d 234 Minnick v. Lee. No. 99-588.Supreme Court of Ohio. June 16, 1999. APPEAL from Lucas App. No. L-98-1221. RESNICK, J., not participating.
STATE v. BEVINS, 117 Ohio St.3d 1500 (2008)
2008-Ohio-2028 State v. Bevins. No. 2008-0337.Supreme Court of Ohio. May 7, 2008. Hamilton App. Nos. C-070850 and C-070852. APPEALS NOT ACCEPTED FOR REVIEW.
BOLTON v. CROCKETT HOMES, INC., 105 Ohio St.3d 1470 (2005)
2005-Ohio-1186 BOLTON v. CROCKETT HOMES, INC. No. 2004-2118.Supreme Court of Ohio. March 23, 2005. Stark App. No. 2004CA00051, 2004-Ohio-7318. APPEALS NOT ACCEPTED FOR REVIEW LANZINGER, J., dissents.
JURISDICTIONAL MOTIONS OVERRULED, 54 Ohio St.3d 709 (1990)
Supreme Court of Ohio. 1990. JURISDICTIONAL MOTIONS OVERRULED Wednesday, October 3, 1990 90-754. Sprouse v. State. Cuyahoga County, No. 59454. 90-757. State v. Baker. Franklin County, No. 89AP-663. 90-866. Kraincic v. Bd. of Zoning Appeals. Lake County, No. 88-L-13207. Moyer, C.J., Wright and Resnick, JJ., dissent. 90-867. Phillips v. West Holmes Local School Dist. Bd. […]
WARNER v. N. A. TRUST CO., 131 Ohio St. 105 (1936)
1 N.E.2d 943 WARNER, APPELLANT v. THE NORTH AMERICAN TRUST CO., APPELLEE. No. 25949Supreme Court of Ohio. Decided May 6, 1936. Court of Appeals — Jurisdiction — Chancery case — Overruling attorney’s motion to allow fee for creating fund — Attorney not party to bank reorganization proceeding. APPEAL from the Court of Appeals of Cuyahoga […]
ANDREWS v. TEACHERS RETIREMENT SYSTEM, 62 Ohio St.2d 202 (1980)
404 N.E.2d 747 ANDREWS, APPELLANT, v. OHIO STATE TEACHERS RETIREMENT SYSTEM BOARD ET AL., APPELLEES. No. 79-1193Supreme Court of Ohio. Decided May 21, 1980. Annuity — Contracts — Vested rights — Attempted renunciation by creditor — Ineffective, when. Whether considered a rescission, release, discharge, renunciation, waiver, gift, or otherwise, and whether or not supported by […]
AM. INTERNATL. RECOVERY v. ALLSTATE INS. CO., 124 Ohio St.3d 1550 (2010)
2010-Ohio-1709 Am. Internatl. Recovery v. Allstate Ins. Co. No. 2010-0129.Supreme Court of Ohio. April 19, 2010. Portage App. No. 2009-P-0008, 2009-Ohio-6508. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as a discretionary appeal. On January 22, 2010, appellant filed a notice that a motion to certify a conflict was pending in the […]
NORTHWESTERN OHIO BAR ASSN. v. LAUBER, Unpublished Decision (2-15-2006)
2006-Ohio-577 Northwestern Ohio Bar Assn. v. Lauber, 2006-Ohio-419. No. 2003-2171.Supreme Court of Ohio. February 15, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-077. Robert Charles Lauber, Attorney Registration No. 0025035, is indefinitely […]
STATE v. PARKER, 121 Ohio St.3d 1423 (2009)
2009-Ohio-1296 State v. Parker. No. 2009-0250.Supreme Court of Ohio. March 25, 2009. Montgomery App. No. 22422, 178 Ohio App.3d 574, 2008-Ohio-5178. MOTION AND PROCEDURAL RULINGS. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.
SCHWER v. RD. CO., 156 Ohio St. 115 (1951)
100 N.E.2d 197 SCHWER, ADMX., APPELLEE v. THE NEW YORK, CHICAGO ST. LOUIS RD. CO., APPELLANT. No. 32267Supreme Court of Ohio. Decided July 11, 1951. New trial — Order granting motion not disclosing ground therefor — Abuse of discretion not shown — Order affirmed. APPEAL from the Court of Appeals for Cuyahoga county. This action […]
IN RE APPLICATION OF HOWARD, 110 Ohio St.3d 1446 (2006)
2006-Ohio-3936, 852 N.E.2d 193 In re Application of Howard. 2006-0755.Supreme Court of Ohio. August 3, 2006. This matter is pending before the court upon the filing of a report of the Board of Commissioners on Page 1447 Character and Fitness. On June 14, 2006, applicant, Micheal Howard, filed a motion to seal the record in […]
KNOPPE v. APPLEGATE, 123 Ohio St.3d 1407 (2009)
2009-Ohio-5031 Knoppe v. Applegate. No. 2009-1057.Supreme Court of Ohio. September 30, 2009. Delaware App. No. 08 CAG 08 0051, 2009-Ohio-2007. Appeals not Accepted for Review. O’DONNELL, J., dissents.
JURISDICTIONAL MOTIONS ALLOWED, 55 Ohio St.3d 701 (1990)
562 N.E.2d 893-899Supreme Court of Ohio. 1990. JURISDICTIONAL MOTIONS ALLOWED Tuesday, October 16, 1990 90-1195. State v. Crowder. Franklin County, No. 89AP-967. Upon consideration of the motion for an order directing the Court of Appeals for Franklin County to certify its record and the claimed appeal as of right from said court, it is ordered […]
BOLINGER v. BOLINGER, 49 Ohio St.3d 120 (1990)
551 N.E.2d 157 BOLINGER, APPELLANT, v. BOLINGER, APPELLEE. No. 88-1802Supreme Court of Ohio.Submitted November 22, 1989 — Decided February 28, 1990. Domestic relations — Divorce — Subject-matter jurisdiction of trial court to award permanent alimony and to formulate equitable division of marital assets commences, when. O.Jur 3d Family Law §§ 978, 1039, 1045. The subject-matter […]