Category: Ohio Supreme Court Opinions

702 N.E.2d 59 CINCINNATI BAR ASSOCIATION v. DEARDORFF. CINCINNATI BAR ASSOCIATION v. HAAS. Nos. 98-377 and 98-378Supreme Court of Ohio.Submitted June 24, 1998. Decided November 25, 1998. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 96-74. On October 15, 1996, relator, Cincinnati Bar Association, filed a […]

723 N.E.2d 1115Supreme Court of Ohio. 2000. RECONSIDERATION DOCKET97-98. State v. Madrigal. Lucas C.P. No. CR965761. Reported at 87 Ohio St.3d 378, 721 N.E.2d 52. On motion for reconsideration. Motion denied. 98-147. State v. O’Neal. Hamilton App. No. C-960392. Reported at 87 Ohio St.3d 402, 721 N.E.2d 73. On motion for reconsideration. Motion denied. PFEIFER […]

103 N.E.2d 577 THE STATE OF OHIO, APPELLEE v. YUDICK, APPELLANT.[*] No. 32882Supreme Court of Ohio. Decided January 23, 1952. [*] Reporter’s Note: Motion for leave to appeal allowed. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Second degree manslaughter — Section 6307-18, General Code — Court’s comment on […]

661 N.E.2d 1117Supreme Court of Ohio. 1996. MISCELLANEOUS DISMISSIALS Thursday, March 14, 1996 96-473. Oliver v. State. Licking County, No. 95CA73. Appellant has filed an untimely appeal of the court of appeals’ decision affirming the denial of his post-conviction petition. This appeal involves a civil, post-conviction matter and not an appeal of a felony case […]

778 N.E.2d 1047Supreme Court of Ohio. 2002. MEDIATION REFERRALS Case Announcements and Administrative Actions November 18, 2002 The following cases have been returned to that regular docket pursuant to S.Ct.Prac.R. XIV(6)(E): 2002-1557. State ex rel. Steelcraft Mfg. Co. v. Indus. Comm. Franklin App. No. 01AP-1271, 2002-Ohio-3778. 2002-1626. State ex rel. Blanton v. Indus. Comm. Franklin […]

91 N.E.2d 801 WEBSTER ET AL., APPELLANTS v. WHITEHEAD ET AL., APPELLEES. No. 32055Supreme Court of Ohio. Decided March 8, 1950. Supreme Court — Dismissal — No debatable constitutional question involved — Appeal — Action in ejectment — Judgment for defendant — Reversal and remand by Court of Appeals — Judgment again for defendant — […]

617 N.E.2d 1052 GALLIMORE, APPELLEE, v. CHILDREN’S HOSPITAL MEDICAL CENTER, APPELLANT. No. 92-823Supreme Court of Ohio.Submitted April 20, 1993 — Decided September 15, 1993. APPEAL from the Court of Appeals for Hamilton County, Nos. C-890808 and C-890824. Appellee Jo Ann Gallimore, individually and on behalf of her minor son, Joshua Best, filed an action in […]

39 N.E.2d 612 HALL, APPELLANT v. NAGEL, APPELLEE. No. 28675Supreme Court of Ohio. Decided February 4, 1942. Physician and patient — Malpractice — Prejudicial error to arrest evidence from jury and enter judgment for defendant — Plaintiff’s evidence established prima facie case — X-ray pitcures showed juncture and separation of broken bone — Physician may […]

478 N.E.2d 776 BECKER ET AL., APPELLANTS, v. BANCOHIO NATIONAL BANK, APPELLEE. No. 84-288Supreme Court of Ohio. Decided May 29, 1985. Banks and banking — Safe deposit boxes — Negligence of holder of safe deposit box no defense to breach of contractual duty to prevent unauthorized entry — General verdict reinstated, when. APPEAL from the […]

705 N.E.2d 366 Hubbard v. Canton City School Bd. of Edn. No. 98-2667.Supreme Court of Ohio. February 3, 1999. Appealed from Stark App. No. 1998CA00089. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed […]

294 N.E.2d 874 MOTORISTS MUTUAL INSURANCE CO., APPELLANT AND CROSS-APPELLEE, v. TRAINOR, A MINOR, ET AL., APPELLEES AND CROSS-APPELLANTS. No. 72-376Supreme Court of Ohio. Decided March 28, 1973. Liability insurance — Construction of policy — Duty of insurer to defend insured — Test — Duty to defend regardless of ultimate liability — Duty not excused, […]

631 N.E.2d 604 BOARD OF EDUCATION OF THE CITY OF DUBLIN SCHOOL DISTRICT, APPELLANT AND CROSS-APPELLEE, v. LIMBACH, TAX COMMR., APPELLEE; FRIENDSHIP VILLAGE OF DUBLIN, OHIO, INC., APPELLEE AND CROSS-APPELLANT. No. 92-1497Supreme Court of Ohio.Submitted January 4, 1994 — Decided May 11, 1994. Page 256 APPEAL and CROSS-APPEAL from the Board of Tax Appeals, No. […]

347 N.E.2d 527 SORIN, APPELLEE, v. BOARD OF EDUCATION OF WARRENSVILLE HEIGHTS SCHOOL DISTRICT, APPELLANT. No. 75-606Supreme Court of Ohio. Decided May 12, 1976. Schools — Superintendent — Termination of contract by board — Appeal to court — Award of attorney fees not authorized — R.C. 3319.16, construed — Exception to rule denying attorney fees […]

714 N.E.2d 398 State v. Chinn. No. 97-2020.Supreme Court of Ohio, Columbus August 5, 1999. Montgomery App. No. 16206. Upon consideration of the motion filed by counsel for appellant to stay execution in the above-styled cause pending the exhaustion of state post-conviction remedies, and it appearing from the exhibits to the motion that a petition […]

711 N.E.2d 1013 State v. Bayless. No. 99-690.Supreme Court of Ohio. June 30, 1999. APPEAL from Lake App. No. 97-L-257.

606 N.E.2d 960, 961Supreme Court of Ohio. 1993. MISCELLANEOUS DISMISSIALS Friday, January 29, 1993 92-2253. Beavis v. DIA. Cuyahoga County, No. 63289. Cause dismissed, on appellant’s application for dismissal, effective January 28, 1993.

517 N.E.2d 926 THE STATE, EX REL. VERNON, APPELLANT, v. GOODYEAR AEROSPACE CORPORATION ET AL., APPELLEES. No. 86-1502Supreme Court of Ohio. Decided January 13, 1988. Workers’ compensation — Denial of claim for permanent total disability benefits. APPEAL from the Court of Appeals for Franklin County. On or about July 25, 1968, appellant, Mona Manering Vernon, […]

74 N.E.2d 331 WEBER, APPELLANT v. BOARD OF HEALTH, BUTLER COUNTY ET AL., APPELLEES. No. 30869Supreme Court of Ohio. Decided August 6, 1947. Boards of health — General health district — Orders and regulations — Section 1261-42, General Code — Constitutional although specific standards not provided — Law relating to police regulation, valid, when — […]

724 N.E.2d 1154Supreme Court of Ohio. 2000. MISCELLANEOUS DISMISSALS Announcement Thursday March 9, 200099-2228. State ex rel. Schottenstein v. Barney. 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 for dismissal, IT IS ORDERED by the court that the application […]

771 N.E.2d 853 The State ex rel. Hummel et al., Appellants, v. Sadler, Judge, Appellee. No. 2001-1949.Supreme Court of Ohio.Submitted May 7, 2002. Decided July 31, 2002. Appeal from the Court of Appeals for Franklin County, No. 01AP-397. Per Curiam. {¶ 1} In August 1998, Capitol Mortgage Services, Inc. sued three former employees, Jon Hummel, […]

93 N.E.2d 286 KRAUS, APPELLEE v. CITY OF CLEVELAND ET AL., APPELLANTS. No. 32220Supreme Court of Ohio. Decided June 14, 1950. Supreme Court — Dismissal — No debatable constitutional question involved — Lotteries — Section 2925-11 et seq., Cleveland Municipal Code — Providing for licensing of lottories, other than “policy,” for charitable purposes — Action […]

741 N.E.2d 891Supreme Court of Ohio. 2001. MERIT DOCKET Announcement Wednesday February 7, 200100-2153. State ex rel. Bair v. Fifth Dist. Court of Appeals. In Mandamus. On complaint in mandamus by Jonathan D. Bair. On S.Ct.Prac.R. X(5) determination, cause dismissed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. 00-2188. State […]

208 N.E.2d 533 LYONS, APPELLEE v. LYONS, APPELLANT. No. 38915Supreme Court of Ohio. Decided June 16, 1965. Husband and wife — Negligence action by spouse against other spouse — May not be maintained, when — Parties living together. A spouse may not maintain an action against the other spouse for personal injuries resulting from the […]

16 N.E.2d 205 COVEY, APPELLANT v. FOLDENAUER ET AL., APPELLEES. No. 27097Supreme Court of Ohio. Decided June 22, 1938. Supreme Court — Dismissal — No debatable constitutional question involved — Life insurance — Proceeds of policy not subject to creditor’s claims — Beneficiary prohibited from voluntary or involuntary alienation of proceeds — Spendthrift trusts — […]

780 N.E.2d 599Supreme Court of Ohio. 2002. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions December 24, 2002 2002-1191. Solove v. Westerville City Council. Franklin App. No. 01AP-1213. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellants’ application for dismissal, IT IS ORDERED […]

701 N.E.2d 1019 State v. Irby. No. 98-1265.Supreme Court of Ohio. November 18, 1998. Appeal from Hamilton App. No. C-960908. On motion for leave to file delayed appeal. Motion denied. LUNDBERG STRATTON, J., dissents.

480 N.E.2d 1112 MARTIN, APPELLEE, v. MARTIN, APPELLANT. No. 84-1095Supreme Court of Ohio. Decided July 24, 1985. Domestic relations — Division of marital property no abuse of discretion, when. APPEAL from the Court of Appeals for Stark County. Plaintiff-appellee, Darlene L. Martin (hereinafter, “wife”), and defendant-appellant, Robert L. Martin (hereinafter, “husband”), were married in July […]

674 N.E.2d 1384 THE STATE EX REL. REAMER, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 94-2459Supreme Court of Ohio.Submitted November 12, 1996 — Decided February 19, 1997. APPEAL from the Court of Appeals for Franklin County, No. 93APD08-1177. Appellant-claimant, James F. Reamer, was injured in 1988 while in the course of and […]

26 N.E.2d 449 AUKLAND, APPELLEE v. AUKLAND, APPELLANT. No. 28015Supreme Court of Ohio. Decided February 14, 1940. Supreme Court — Dismissal — No debatable constitutional question involved — Jurisdiction — Probate Court’s order to pay money for support of children — Divorce action in Common Pleas Court — Money, by agreement of parties, paid to […]

189 N.E.2d 57 DIVITO, APPELLANT v. BUCKEYE UNION CASUALTY CO., APPELLEE. No. 37507Supreme Court of Ohio. Decided March 20, 1963. Real estate brokers — Person acting as broker or salesman, when — Statutes regulating real estate brokers and salesmen — Sections 4735.01 to 4735.23, Revised Code — Violated by broker, when — Failure to return […]

82 N.E.2d 730 THE JOHN WEENINK SONS CO. ET AL., APPELLEES v. COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, APPELLANT. No. 31343Supreme Court of Ohio. Decided November 17, 1948. Writ of prohibition — Inferior courts prevented from encroaching upon jurisdiction of other tribunals, when — Court first acquiring jurisdiction entitled to adjudicate issues, when — […]

524 N.E.2d 485 WESTBROOK, APPELLEE, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA ET AL., APPELLANTS. No. 87-435Supreme Court of Ohio.Submitted November 18, 1987 — Decided June 15, 1988. Municipal corporations — Civil procedure — Taxpayer’s action — Claim brought pursuant to R.C. 733.56 and 733.59 must be brought within one-year period of R.C. 733.60, when. APPEAL […]

78 N.E.2d 38 THE STATE, EX REL. GRACE v. BOARD OF ELECTIONS OF FRANKLIN COUNTY. No. 31262Supreme Court of Ohio. Decided March 3, 1948. Sheriff — Vacancy in office and appointment by county commissioners — Appointee holds office until election in even-numbered year, when. Where, by reason of the death of an incumbent, a vacancy […]

376 N.E.2d 1333 LOGSDON, APPELLEE, v. GRAHAM FORD COMPANY, APPELLANT. No. 77-1091Supreme Court of Ohio. Decided June 14, 1978. Fraud — Sale of truck — Punitive damages not awarded, when. APPEAL from the Court of Appeals for Franklin County. On August 14, 1973, appellant, Graham Ford Company, sold a 1973 Ford truck with an attached […]

723 N.E.2d 1106 In re Disqualification of Cleary. Kaffeman, Exr., et al. v. Maclin et al. No. 99-AP-118.Supreme Court of Ohio. Decided January 24, 2000. On Affidavit of Disqualification in Cuyahoga County Common Pleas Court, Case No. CV 369033. MOYER, C.J. This affidavit of disqualification, filed by Lawrence Sutter and Kenneth P. Abbarno, counsel for […]

28 N.E.2d 358 THE STATE OF OHIO, APPELLEE v. SCOTT, APPELLANT. No. 28154Supreme Court of Ohio. Decided June 12, 1940. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Person having option to purchase — Held agent for sale of land — Convicted of embezzlement — Due process. APPEAL from […]

434 N.E.2d 1346 SMITH, APPELLANT, v. FRYFOGLE ET AL., KNOX TOWNSHIP TRUSTEES, APPELLEES. No. 81-716Supreme Court of Ohio. Decided May 12, 1982. Townships — Chief of Police — Removal from office — R.C. 505.49(A) and 505.491, construed. Absent a reason to believe that a township police chief is guilty of one or more of the […]

708 N.E.2d 203 SHERRILL ET AL., APPELLEES, v. HARROFF, APPELLEE, ET AL.; KNOEDLER, APPELLANT. No. 98-2651.Supreme Court of Ohio.Submitted March 9, 1999. Decided April 21, 1999. Appeal from the Court of Appeals for Columbiana County, No. 96-CO-36. D. Barry Dickson, for appellee Ronnie Dean Harroff. A. Robert Steiskal, for appellant. The discretionary appeal is allowed. […]

146 N.E.2d 301 KNIGHT, APPELLEE v. KNIGHT, APPELLANT; ET AL., APPELLEES. No. 35262Supreme Court of Ohio. Decided October 30, 1957. Supreme Court — Dismissal — No debatable constitutional question involved — Lien attached to equitable interest of judgment debtor — Finding that judgment for “support and maintenance” — Dischargeability in bankruptcy — Bill of exceptions […]

488 N.E.2d 174 GENNARI ET AL., APPELLEES AND CROSS-APPELLANTS, v. ANDRES-TUCKER FUNERAL HOME, INC., APPELLANT; CITY OF SANDUSKY, CROSS-APPELLEE. No. 85-257Supreme Court of Ohio. Decided January 15, 1986. Funeral homes — Operation of crematory — R.C. 1721.18 inapplicable, when — Damages — “Special damages,” construed. O.Jur 3d Cemeteries § 6. 1. R.C. 1721.18 does not […]

708 N.E.2d 1010 State v. Montesi. No. 99-88Supreme Court of Ohio. April 21, 1999. Hamilton App. No. C-970858. LUNDBERG STRATTON, J., dissents.

767 N.E.2d 733Supreme Court of Ohio. 2002. MEDIATION REFERRALS Announcements May 9, 2002 The following cases have been referred to mediation pursuant to S.Ct.Prac.R. XIV(6):2002-0497. State ex rel. Holiday v. Indus. Comm. Franklin App. No. 01AP-390. 2002-0645. State ex rel. Gibson v. Indus. Comm. Franklin App. No. 01AP-769. The following cases have been returned to […]