2007-Ohio-4815 State v. Farrow, 2007-Ohio-4792. No. 2007-0988.Supreme Court of Ohio. September 20, 2007. MERIT DECISIONS WITH OPINIONS Cuyahoga App. No. 36833. Judgment affirmed. Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell,Lanzinger, and Cupp, JJ., concur.
Category: Ohio Supreme Court Opinions
APPEALS NOT ALLOWED FOR REVIEW, 95 Ohio St.3d 1421 (2002)
766 N.E.2d 161Supreme Court of Ohio. 2002. APPEALS NOT ALLOWED FOR REVIEW Announcements April 17, 20022001-2181. State v. Latham. Coshocton App. No. 01CA1. 2001-2230. Barker v. Netcare Corp. Franklin App. No. 01AP-230. Lundberg Stratton, J., dissents. 2002-0078. State v. Cominsky. Lake App. No. 2001-L-023. 2002-0119. State v. Brown. Clermont App. No. CA2001-04-047. 2002-0121. State v. […]
MISCELLANEOUS DISMISSALS, 62 Ohio St.3d 1450 (1991)
579 N.E.2d 1389-1395Supreme Court of Ohio. 1991. MISCELLANEOUS DISMISSIALS Thursday, October 31, 1991 91-1997. Kuntz v. Ohio Power Siting Bd. Power Siting Board, No. 90-1530-EL-BTX. This cause, here on appeal from the Ohio Power Siting Board, was considered in the manner prescribed by law. Upon consideration of appellant’s application to dismiss, IT IS ORDERED by […]
ADMINISTRATIVE DOCKET, 86 Ohio St.3d 1448 (1999)
Supreme Court of Ohio. 1999. ADMINISTRATIVE DOCKET 1. Proposed amendments to Canon 7 of the Code of Judicial Conduct (Campaign Solicitations and Expenditures) and Gov.Jud. R. II(5) (Campaign Conduct; Enforcement and Sanctions) will be published for public comment. 2. Amendments to Gov.Bar R. V (Reinstatement Proceedings) and XX were adopted. MOTION DOCKET
MERIT DOCKET, Unpublished Decision (6-14-2000)
MERIT DOCKETSupreme Court of Ohio. June 14, 2000 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 98-2572. Home Builders Assn. of Dayton the MiamiValley v. Beavercreek. Greene App. Nos. 97CA113 and 97CA115. Judgment reversed and judgment of trial court reinstated. Moyer, C.J., Douglas, F.E. Sweeney and Lundberg Stratton, JJ., concur. Resnick […]
STATE v. MUTTER, 118 Ohio St.3d 1442 (2008)
2008-Ohio-2724 State v. Mutter. No. 2007-0637.Supreme Court of Ohio. June 9, 2008. Montgomery App. No. 21374, 171 Ohio App.3d 563, 2007-Ohio-1052. MOTION AND PROCEDURAL RULINGS On April 9, 2008, this court announced its judgment in the above-captioned appeal. However, no formal judgment entry was signed and filed with the Clerk. Accordingly, on consideration thereof, the […]
STATE v. IREY, 86 Ohio St.3d 1403 (1999)
711 N.E.2d 231 State v. Irey. No. 99-725.Supreme Court of Ohio. June 16, 1999. APPEAL from Summit App. No. 18391.
DISMISSALS, SUA SPONTE, 70 Ohio St.3d 1473 (1994)
640 N.E.2d 843-849Supreme Court of Ohio. 1994. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Wednesday, November 2, 1994 94-678. State v. Hussing. Cuyahoga County, No. 63838. WRIGHT and PFEIFER, JJ., dissent. 94-947. Guendelsberger v. Ng. Hardin County, No. 6-93-4. 94-1038. State v. Phillips. Montgomery County, No. 14020. 94-1057. State […]
STATE, EX REL. EBERLING, v. NUGENT, 40 Ohio St.3d 129 (1988)
532 N.E.2d 104 THE STATE, EX REL. EBERLING ET AL., v. NUGENT, JUDGE. No. 88-1791Supreme Court of Ohio.Submitted December 2, 1988 — Decided December 9, 1988. Prohibition — Denial of motion to consolidate is not a final appealable order. IN PROHIBITION. Relators, Richard Eberling and Buford Henderson, were indicted by the Cuyahoga County Grand Jury […]
DISCIPLINARY COUNSEL v. EMERSON, 2009-0234 (3-19-2009)
2009-Ohio-1226 Disciplinary Counsel v. Emerson. No. 2009-0234.Supreme Court of Ohio. March 19, 2009. DISCIPLINARY CASES On Certified Order of the Supreme Court of Kentucky, Case No. 2008-SC-000487-KB. Eric Lamar Emerson, Attorney Registration No. 0072916, is suspended from the practice of law in Ohio for 181 days.
GOURMET BEVERAGE v. LIQUOR CONTROL COMM., 87 Ohio St.3d 1450 (1999)
719 N.E.2d 966 Gourmet Beverage Ctr., Inc. v. Ohio Liquor Control Comm. No. 99-1661.Supreme Court of Ohio. November 24, 1999. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Appeal from Licking App. No. 98CA128.
SIMMONS v. INDUSTRIAL COMMISSION OF OHIO, 134 Ohio St. 456 (1938)
17 N.E.2d 751 SIMMONS, APPELLANT v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 26987Supreme Court of Ohio. Decided November 30, 1938. Workmen’s compensation — Appeal to Court of Common Pleas — Section 1465-90, General Code — Final order based on jurisdictional ground — Loss of vision in course of employment — Section 1465-80, General Code — […]
SMITH v. KROUSE, 54 Ohio St.2d 369 (1978)
377 N.E.2d 493 SMITH, APPELLANT, v. KROUSE, ADMR., BUREAU OF WORKERS’ COMPENSATION, APPELLEE, ET AL. No. 77-1269Supreme Court of Ohio. Decided June 21, 1978. Workers’ compensation — Appeal — Commission’s order involves only extent of continued participation in fund — Not absolute denial of claim — Not appealable order — R.C. 4123.519. CERTIFIED by the […]
STEFANOV v. PERSONAL SERV. INS. CO., 85 Ohio St.3d 1442 (1999)
708 N.E.2d 208 Stefanov v. Personal Serv. Ins. Co. No. 99-47.Supreme Court of Ohio. Decided April 7, 1999. On Appeal from Cuyahoga App. No. 73589.
RUBBER CO. v. BANK, 159 Ohio St. 423 (1953)
112 N.E.2d 636 FIRESTONE TIRE RUBBER CO., APPELLEE v. CENTRAL NATIONAL BANK OF CLEVELAND, APPELLANT. No. 33051Supreme Court of Ohio. Decided May 13, 1953. Payment — Made under mistake of fact — May be recovered, when — Payment by check of obligor — Payee not holder in due course, when — Payer’s negligence in failing […]
FLEMING v. ASHTABULA, 119 Ohio St.3d 1473 (2008)
2008-Ohio-4911 Fleming v. Ashtabula Area City School Bd. of Edn. No. 2008-1062.Supreme Court of Ohio. October 1, 2008. Ashtabula App. No. 2006-A-0030, 2008-Ohio-1892. APPEALS NOT ACCEPTED FOR REVIEW. LUNDBERG STRATTON, J., dissents. CUPP, J., dissents and would accept the appeal on Proposition of Law No. II.
APPEALS ALLOWED FOR REVIEW, Unpublished Decision (3-19-2002)
APPEALS ALLOWED FOR REVIEWSupreme Court of Ohio. March 19, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 01-2155. Bergstrom v. State Farm Fire Cas. Co. Cuyahoga App. No. 79775. Appeal allowed and cause held for the decision in 01-1474 and 01-1867, Hillyer v. State Farm Fire Cas. Co., Cuyahoga App. […]
DAYTON BAR ASSN. v. ADDISON, 110 Ohio St.3d 1484 (2006)
2006-Ohio-4877, 854 N.E.2d 210 Dayton Bar Assn. v. Addison. 2004-2111.Supreme Court of Ohio. September 21, 2006. It is ordered by this court, sua sponte, that Clarence W. Addison II is found in contempt for failure to comply with this court’s order of November 30, 2005, to wit: Failure to pay a civil penalty in the […]
STATE EX REL. CAFARO MGT. v. KEILMEYER, Unpublished Decision (3-21-2007)
2007-Ohio-1226 State ex rel. Cafaro Mgt. Co. v. Keilmeyer, 2007-Ohio-968. No. 2005-1992.Supreme Court of Ohio. March 21, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS In Mandamus. Writ denied. Moyer, C.J., Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger and Cupp, JJ., concur. Page 1
STATE v. FARLEY, 171 Ohio St. 483 (1961)
172 N.E.2d 298 THE STATE OF OHIO, APPELLEE v. FARLEY, APPELLANT. No. 36786Supreme Court of Ohio. Decided January 25, 1961. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Second degree murder — Elements — Charge to jury — Evidence — Colored slides of victim’s body — Claimed misconduct of […]
STATE v. NEVIUS, 147 Ohio St. 263 (1947)
71 N.E.2d 258 THE STATE OF OHIO, APPELLANT v. NEVIUS, APPELLEE. No. 30639Supreme Court of Ohio. Decided January 15, 1947. Criminal law — Prosecution of prosecuting attorney for accepting bribe from gamblers — Accused to be tried in county where offense committed — Section 10, Article 1, Constitution — Grand jury to consider offenses, committed […]
REHEARING DOCKET, 62 Ohio St.3d 1444 (1991)
579 N.E.2d 489-492Supreme Court of Ohio. 1991. REHEARING DOCKET Wednesday, October 23, 1991 91-1329. Ellis v. State. Franklin County, No. 90AP-1057. Reported at 62 Ohio St.3d 1418, 577 N.E.2d 663. On motion for rehearing. Rehearing granted and motion to certify allowed.
DISCIPLINARY COUNSEL v. HILTBRAND, 110 Ohio St.3d 214 (2006)
2006-Ohio-4250, 852 N.E.2d 733 DISCIPLINARY COUNSEL v. HILTBRAND. No. 2006-0774.Supreme Court of Ohio.Submitted June 7, 2006. Decided August 30, 2006. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 03-090. PER CURIAM. {¶ 1} Respondent, Eileen Brubeck Hiltbrand of Columbus, Ohio, Attorney Registration No. 0069807, was admitted […]
STATE v. PRUITT, 126 Ohio St.3d 1516 (2010)
2010-Ohio-3331 State v. Pruitt. No. 2010-0811.Supreme Court of Ohio. July 21, 2010. Cuyahoga App. No. 91205, 2010-Ohio-1573. Appeals not Accepted for Review.
STATE v. BROYLES, 126 Ohio St.3d 1582 (2010)
2010-Ohio-4542, 934 N.E.2d 355 State v. Broyles. No. 2010-0977.Supreme Court of Ohio. September 29, 2010. APPEALS NOT ACCEPTED FOR REVIEW Richland App. No. 2009 CA 0072, 2010-Ohio-1837. Pfeifer and Lundberg Stratton, JJ., dissent.
STATE EX REL. GRIFFIN v. SHAPIRO, 110 Ohio St.3d 1433 (2006)
2006-Ohio-3862, 852 N.E.2d 183 State ex rel. Griffin v. Shapiro. 2006-0871.Supreme Court of Ohio. August 2, 2006. In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed. MOYER, C.J., RESNICK, PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.
STATE v. SIMONS, 129 Ohio St.3d 1483 (2011)
2011-Ohio-4916, 954 N.E.2d 127 State v. Simons. No. 2011-0990.Supreme Court of Ohio. September 28, 2011. Champaign App. No. 2010 CA 7. Appeals Accepted For Review Upon consideration of the jurisdictional memoranda filed in this case, the court accepts the appeal. It is ordered by the court, sua sponte, that this cause is held for the […]
J. NORMAN STARK CO., L.P.A. v. SANTORA, 105 Ohio St.3d 1465 (2005)
2005-Ohio-1024 J. Norman Stark Co., L.P.A. v. Santora. 2004-2069.Supreme Court of Ohio. March 16, 2005. Cuyahoga App. No. 81543, 2004-Ohio-5960. APPEALS NOT ACCEPTED FOR REVIEW PFEIFER, J., dissents.
STATE, EX REL. RENFRO, v. DEPT. OF HUMAN SERV., 50 Ohio St.3d 267 (1990)
553 N.E.2d 1052 THE STATE, EX REL. RENFRO ET AL., v. CUYAHOGA COUNTY DEPARTMENT OF HUMAN SERVICES. No. 89-1121Supreme Court of Ohio.Submitted March 6, 1990 — Decided April 25, 1990. Public records — Mandamus — Limited writ ordering Cuyahoga County Department of Human Services to produce records pertaining to the removal of foster child from […]
BEVIS v. STEEL CORP., 155 Ohio St. 613 (1951)
99 N.E.2d 614 BEVIS, APPELLANT v. ARMCO STEEL CORP., APPELLEE.[*] No. 32676Supreme Court of Ohio. Decided June 20, 1951. [*] Reporter’s Note: This cause is pending, a motion to certify the record having been allowed. For other litigation involving same facts, see Bevis v. Armco Steel Corp., 86 Ohio App. 525; appeal dismissed, 153 Ohio […]
STATE v. YANG, 106 Ohio St.3d 1509 (2005)
2005-Ohio-4605, 833 N.E.2d 1250 State v. Yang. No. 2005-0986.Supreme Court of Ohio. September 7, 2005. Summit App. No. 22639. APPEALS NOT ACCEPTED FOR REVIEW
WALKER v. BARNETT MGT., INC., 106 Ohio St.3d 1412 (2005)
2005-Ohio-3154 Walker v. Barnett Mgt., Inc. 2005-0409.Supreme Court of Ohio. June 29, 2005. Cuyahoga App. Nos. 84188 and 84210, 2004-Ohio-6632. APPEALS NOT ACCEPTED FOR REVIEW
IN RE DISQUALIFICATION OF CALLAHAN, 81 Ohio St.3d 1219 (1997)
688 N.E.2d 520 IN RE DISQUALIFICATION OF CALLAHAN. WOODMAN v. MCMONAGLE. WOODMAN v. MCMONAGLE. No. 97-AP-140Supreme Court of Ohio. Decided October 3, 1997. ON AFFIDAVIT OF DISQUALIFICATION in Cuyahoga County Court of Common Pleas case No. 334333. MOYER, C.J. This affidavit of disqualification was filed by plaintiff James P. Woodman seeking the disqualification of Judge […]
H. PROD. v. DEPT. OF EDN., 153 Ohio St. 595 (1950)
93 N.E.2d 13 HALLMARK PRODUCTIONS, INC. v. DEPARTMENT OF EDUCATION, DIVISION OF FILM CENSORSHIP. No. 32164Supreme Court of Ohio. Decided June 7, 1950. Motion pictures — Film censorship — Action to set aside and vacate order rejecting exhibition — Order not unreasonable or unlawful. PETITION to vacate order. This action, originating in the Supreme Court, […]
HENDERSON v. SAFFOLD, 126 Ohio St.3d 1510 (2010)
2010-Ohio-3331 Henderson v. Saffold. No. 2010-1024.Supreme Court of Ohio. July 21, 2010. In Habeas Corpus. On petition for writ of habeas corpus of Paul S. Henderson. Sua sponte, cause dismissed. Merit Decisions Without Opinions. BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.
STATE v. TURK, 129 Ohio St. 245 (1935)
194 N.E. 453 THE STATE OF OHIO v. TURK.[*] No. 24919Supreme Court of Ohio. Decided March 6, 1935. [*] Reporter’s Note: For opinion of Court of Appeals in this case, see 48 Ohio App. 489. Supreme Court — Affirmances — Judges equally divided — Criminal law — First degree murder while perpetrating arson — Proof […]
UNION LOCAL v. STATE BD. OF ED., 117 Ohio St.3d 1406 (2008)
2008-Ohio-565 Union Local Assn. of Classroom Teachers OEA/NEA v. State Bd. of Edn. No. 2007-2046.Supreme Court of Ohio. February 20, 2008. Belmont App. No. 06 BE 33, 2007-Ohio-5053. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and PFEIFER, J., dissent.
IN RE DISQUALIFICATION OF PANIOTO, 84 Ohio St.3d 1226 (1998)
704 N.E.2d 1232 IN RE DISQUALIFICATION OF PANIOTO. WYLER v. WYLER. No. 97-AP-177Supreme Court of Ohio. Decided January 23, 1998. ON AFFIDAVIT OF DISQUALIFICATION in Hamilton County Court of Common Pleas case No. A-9008424. Moyer, C.J. This affidavit of disqualification was filed by James J. Condit, counsel for plaintiff Karen L. Wyler in a domestic […]
STATE EX REL. LENNOX INDUSTRIES v. INDUS. COMM., 85 Ohio St.3d 341 (1999)
708 N.E.2d 204 THE STATE EX REL. LENNOX INDUSTRIES, INC., APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; Conn, Appellant. No. 98-1409.Supreme Court of Ohio.Submitted February 23, 1999. Decided April 21, 1999. Appeal from the Court of Appeals for Franklin County, No. 97APD06-834. Vorys, Sater, Seymour Pease L.L.P. and Randall W. Mikes, for appellee. Betty D. Montgomery, […]
STATE, EX REL. BRASWELL v. INDUS. COMM., 25 Ohio St.3d 61 (1986)
494 N.E.2d 1147 THE STATE, EX REL. BRASWELL, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 85-317Supreme Court of Ohio. Decided July 16, 1986. Workers’ compensation — Temporary total disability compensation properly denied, when — Examining physician’s knowledge of physical requirements of former position of employment, analyzed. APPEAL from the Court of Appeals […]
MERIT DOCKET, 77 Ohio St.3d 1510 (1997)
673 N.E.2d 1382, 1383Supreme Court of Ohio. 1997. MERIT DOCKET Friday, January 3, 199796-2776. Hong v. Chen. Cuyahoga App. No. 71501. This cause is pending before the court as an appeal from the Court of Appeals for Cuyahoga County. Upon consideration of appellant’s emergency motion for stay of the court of appeals’ judgment allowing a […]
STATE v. FIGULI, 134 Ohio St. 495 (1938)
17 N.E.2d 920 THE STATE OF OHIO, APPELLEE v. FIGULI, APPELLANT. No. 27318Supreme Court of Ohio. Decided November 30, 1938. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Killing policeman discharging duty or killing while perpetrating robbery — Remarks by court during trial — Juror’s […]
BATTELLE MEMORIAL INSTITUTE v. DUNN, 148 Ohio St. 53 (1947)
73 N.E.2d 88 BATTELLE MEMORIAL INSTITUTE, APPELLANT v. DUNN, AUD., APPELLEE. No. 30787Supreme Court of Ohio. Decided April 30, 1947. Taxation — Real property of endowed nonprofit corporation — Not used exclusively for charitable purposes and not exempt, when — Section 5353, General Code — Research conducted for and on behalf of industrial corporations and […]
DISCIPLINARY COUNSEL v. GINSBERG, Unpublished Decision (12-13-1999)
Disciplinary Counsel v. Ginsberg. No. 96-2477.Supreme Court of Ohio. December 13, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] DISCIPLINARY DOCKET On petition for reinstatement. Petition granted.
HENTZEL v. CITY OF CLEVELAND, 128 Ohio St. 266 (1934)
191 N.E. 6 HENTZEL v. CITY OF CLEVELAND. No. 24707Supreme Court of Ohio. Decided April 18, 1934. Supreme Court — Dismissals — No debatable constitutional question involved. ERROR to the Court of Appeals of Cuyahoga county. Mr. Milton Firestone and Mr. Ben H. Zwick for plaintiff in error. Mr. Ezra Z. Shapiro, director of law, […]
HOWARD v. ROGERS, 19 Ohio St.2d 42 (1969)
249 N.E.2d 804 HOWARD, A MINOR, ET AL., APPELLANTS AND CROSS-APPELLEES, v. ROGERS ET AL., D.B.A. TEENSVILLE, U.S.A., APPELLEES AND CROSS-APPELLANTS. No. 68-648Supreme Court of Ohio. Decided July 2, 1969. Negligence — Occupier of premises for business purposes — Liability for harm to invitee caused by third person — Not insurer of safety of invitee […]
THE CHILDREN’S HOUSE v. CELEBREZZE, 63 Ohio St.3d 1206 (1992)
587 N.E.2d 301 THE CHILDREN’S HOUSE, APPELLANT, v. CELEBREZZE, ATTY. GEN., APPELLEE. No. 91-697Supreme Court of Ohio.Submitted February 12, 1992 — Decided March 25, 1992. APPEAL from the Court of Appeals for Clermont County, No. CA90-06-059. John K. Everett, for appellant. Lee I. Fisher, Attorney General, and Monica A. Moloney, for appellee. The appeal is […]
MISCELLANEOUS DOCKET, 78 Ohio St.3d 1459 (1997)
677 N.E.2d 1205-1206Supreme Court of Ohio. 1997. MISCELLANEOUS DOCKET Monday, April 14, 1997 In re Report of the Commission : 1997 TERM on Continuing Legal Education. : Kevin Thomas Connor (#0042442), : ENTRY Respondent. This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the “commission”) […]
MULLHOLAND v. BATT, 164 Ohio St. 362 (1955)
130 N.E.2d 805 MULLHOLAND, APPELLANT v. BATT, APPELLEE. No. 34434Supreme Court of Ohio. Decided December 21, 1955. Elections — Election and appointment of officers made, how — General Assembly’s power and duty to furnish election machinery and regulations — Nonpartisan ballot — Section 3505.04, Revised Code — Blank spaces not to be provided, when — […]
STATE v. SCHMIDT, 122 Ohio St.3d 1479 (2009)
2009-Ohio-3625 State v. Schmidt. No. 2009-0697.Supreme Court of Ohio. July 29, 2009. Franklin App. No. 08AP-348, 2009-Ohio-1548. APPEALS NOT ACCEPTED FOR REVIEW. O’CONNOR and CUPP., JJ., dissent and would accept the appeal and reverse the judgment of the court of appeals on the authority o State v. Silverman, 121 Ohio St.3d 581, 2009-Ohio-1576. 2009-0698. State […]
KILBREATH v. RUDY, 16 Ohio St.2d 70 (1968)
242 N.E.2d 658 KILBREATH, APPELLEE, v. RUDY, D.B.A. FAIR PARK PHARMACY, ET AL.; DERMIK PHARMACAL CO., INC., APPELLANT. No. 68-77Supreme Court of Ohio. Decided December 11, 1968. Civil action — Personal jurisdiction — “Long-arm” statute — Section 2307.382, Revised Code — Remedial law applicable to prior causes of action — Manufacturer — Products liability. 1. […]
STATE v. BURLEY, 106 Ohio St.3d 1411 (2005)
2005-Ohio-3154 State v. Burley. 2005-0621.Supreme Court of Ohio. June 29, 2005. Delaware App. No. 2004-CAA-04031, 2004-Ohio-6204. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted; cause held for the decisions in 2004-1771, State v. Quinones, Cuyahoga App. No. 83720, 2004-Ohio-4485, and 2004-1568, State v. Foster, Licking App. No. 03CA95, 2004-Ohio-4209; and briefing schedule stayed. O’CONNOR, O’DONNELL and […]
MOTION DOCKET, 69 Ohio St.3d 1479 (1994)
634 N.E.2d 1023, 1029Supreme Court of Ohio. 1994. MOTION DOCKET Wednesday, June 29, 1994 94-1287. State v. Bryner. Lorain County, Nos. 93CA005577 and 93CA005578. This cause is pending before the court as a discretionary appeal. Upon consideration of appellants’ motion for stay of execution of sentence pending appeal and continuance of bond, IT IS ORDERED […]
STATE v. BATES, 85 Ohio St.3d 1459 (1999)
708 N.E.2d 1012 State v. Bates. No. 99-492.Supreme Court of Ohio. April 21, 1999 Appeal from the Cuyahoga App. No. 71920. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s motion for, stay of court of appeals judgment. IT IS ORDERED by the court […]
THIRD FED. SAV. BANK v. COX, 127 Ohio St.3d 1435 (2010)
2010-Ohio-5565 Third Fed. Sav. Bank v. Cox. No. 2010-1721.Supreme Court of Ohio. November 18, 2010. Appeal from the Cuyahoga App. No. 93950, 2010-Ohio-4133. Motion And Procedural Rulings. This cause is pending before the court as a discretionary appeal. Upon consideration of appellant’s motion for immediate stay of the court of appeals’ judgment and trial court […]
CLEVELAND BAR ASSN. v. MALLORY, 65 Ohio St.3d 12 (1992)
599 N.E.2d 258 CLEVELAND BAR ASSOCIATION ET AL. v. MALLORY. No. 92-833Supreme Court of Ohio.Submitted July 29, 1992 — Decided October 14, 1992. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 91-19. On July 24, 1991, relator, Cuyahoga County Bar Association, filed a three-count amended complaint […]
OIL CO. v. BOWERS, 172 Ohio St. 91 (1961)
173 N.E.2d 346 THE LITE STAR OIL CO., APPELLANT v. BOWERS, TAX COMMR., APPELLEE. No. 36780Supreme Court of Ohio. Decided March 22, 1961. Taxation — Sales and use tax — Gasoline pumps and storage tanks purchased by oil company — Loaned to customers to promote sale of gasoline — Customers at farms and places of […]
NATIONAL CITY BANK v. GDN. TR. CO., 137 Ohio St. 279 (1940)
28 N.E.2d 763 THE NATIONAL CITY BANK OF CLEVELAND, SUCCESSOR TRUSTEE, APPELLANT, v. THE GUARDIAN TRUST CO. OF CLEVELAND ET AL., APPELLEES. (Two cases.) Nos. 27980 and 27981Supreme Court of Ohio. Decided July 24, 1940. Banks and banking — Liquidation — Breach of trust by insolvent trustee — Superintendent of Banks not compelled by action […]
STATE v. FRANKLIN, 85 Ohio St.3d 1465 (1999)
709 N.E.2d 171 STATE v. FRANKLIN. No. 99-260.Supreme Court of Ohio. April 28, 1999 APPEAL from Franklin App. No. 98AP-1438.
MARQUA v. MARTIN, 109 Ohio St. 56 (1923)
141 N.E. 654 MARQUA v. MARTIN. No. 17844Supreme Court of Ohio. Decided December 4, 1923. Landlord and tenant — Negligence — Lessor not liable to invitee of lessee, when — Codification — Construction of statutes — State building code — Section 12578 et seq., General Code. 1. The owner of a building, out of possession […]
STATE v. MACK, 124 Ohio St.3d 1540 (2010)
2010-Ohio-1557 State v. Mack. No. 2010-0072.Supreme Court of Ohio. April 14, 2010. Cuyahoga App. No. 92606, 2009-Ohio-6460. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., dissents and would accept the appeal on Proposition of Law Nos. II and III. LUNDBERG STRATTON and LANZINGER, JJ., dissent.
IN RE MOORE, 93 Ohio St.3d 212 (2001)
754 N.E.2d 254 In Re Moore. No. 01-728.Supreme Court of Ohio.Submitted July 17, 2001. Decided September 19, 2001. Appeal from the Court of Appeals for Montgomery County, No. 18700. The discretionary appeal is allowed. The judgment of the court of appeals is vacated, and the cause is remanded to the court of appeals for consideration […]
SHAKER HEIGHTS v. MOSELY, 109 Ohio St.3d 1404 (2006)
2006-Ohio-1703, 845 N.E.2d 522 Shaker Heights v. Mosely. 2005-2411.Supreme Court of Ohio. April 12, 2006. Cuyahoga App. No. 85227, 2005-Ohio-5433. APPEALS ACCEPTED FOR REVIEW RESNICK and PFEIFER, JJ., dissent.
PLANET EARTH ENTER. v. OHIO LIQUOR CONTROL COMM., 85 Ohio St.3d 1428 (1999)
707 N.E.2d 517 Planet Earth Entertainment, Inc. v. Ohio Liquor Control Comm. Nos. 98-579 and 98-774.Supreme Court of Ohio. March 17, 1999. Appeal from the Franklin App. No. 97APE06-744. Reported at 84 Ohio St.3d 1500, 705 N.E.2d 1241. On motion for reconsideration. Motion denied. PFEIFER, COOK and LUNDBERG STRATTON, JJ., dissent.
PREBLE CTY. v. PREBLE CTY., 120 Ohio St.3d 1454 (2008)
2008-Ohio-6813 Preble Cty. Bd. of Commrs. v. Preble Cty. Bd. of Elections. No. 2008-1647.Supreme Court of Ohio. December 31, 2008. Preble App. No. CA2008-05-007. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents.
DISCIPLINARY COUNSEL v. HOGAN, 93 Ohio St.3d 1214 (2001)
756 N.E.2d 670 Office of Disciplinary Counsel v. Hogan. No. 01-1319.Supreme Court of Ohio.Submitted October 4, 2001. Decided October 4, 2001. On Certified Order of the District Court of Guam, No. 99-00013. This cause is pending before the Supreme Court of Ohio in accordance with the reciprocal discipline provisions of Gov.Bar R. V(11)(F). On July […]
JURISDICTIONAL MOTIONS OVERRULED, 56 Ohio St.3d 703 (1990)
564 N.E.2d 702-708Supreme Court of Ohio. 1990. JURISDICTIONAL MOTIONS OVERRULED Wednesday, December 5, 1990 90-1508. Kavash v. Emerald Towers Condominiums. Cuyahoga County, No. 57037. 90-1550. Osborne v. Osborne. Lucas County, No. L-89-163. Resnick, J., dissents. 90-1563. Dayton v. Kuntz. Montgomery County, Nos. CA 11870 and CA 11922. On motion to require proper service. Motion denied. […]
STATE, EX REL. MAZZARO, v. FERGUSON, 49 Ohio St.3d 37 (1990)
550 N.E.2d 464 THE STATE, EX REL. MAZZARO, APPELLEE, v. FERGUSON, AUDITOR, APPELLANT. Nos. 89-508 and 89-787Supreme Court of Ohio.Submitted November 14, 1989 — Decided February 14, 1990. Public records — R.C. 149.43(B) requires the Auditor of the state of Ohio to produce for inspection audit records that he has access to but which he […]
THE STATE, SPARTO. v. COURT, 153 Ohio St. 64 (1950)
90 N.E.2d 598 THE STATE, EX REL. SPARTO ET AL., APPELLANTS v. JUVENILE COURT OF DARKE COUNTY ET AL., APPELLEES. No. 31898Supreme Court of Ohio. Decided February 15, 1950. Prohibition — Writ not granted where lower court may determine its jurisdiction — Writ not issued to prevent erroneous judgment, as substitute for appeal or to […]
STATE v. LOVING, 121 Ohio St.3d 1503 (2009)
2009-Ohio-2511 State v. Loving. No. 2009-0368.Supreme Court of Ohio. June 3, 2009. Franklin App. Nos. 08AP-278, 08AP-279, 08AP-280, and 08AP-281, 2009-Ohio-15. APPEALS NOT ACCEPTED FOR REVIEW
SWICK v. RIVER VALLEY LOCAL SCHOOLS, 103 Ohio St.3d 1463 (2004)
2004-Ohio-5056 SWICK v. RIVER VALLEY LOCAL SCHOOLS. 2004-0959.Supreme Court of Ohio. September 29, 2004. Marion App. No. 9-04-16.
IN RE HOWARD, 106 Ohio St.3d 1466 (2005)
2005-Ohio-3551, 830 N.E.2d 1171 In re Howard. Supreme Court of Ohio. July 14, 2005. MISCELLANEOUS ORDERS On September 24, 2004, this court found Gregory T. Howard to be a vexatious litigator under S.Ct.Prac.R. XIV(5)(B). This court further ordered that Howard was prohibited from continuing or instituting legal proceedings in this court without first obtaining leave. […]
STATE v. COLON, 112 Ohio St.3d 1490 (2007)
2007-Ohio-724 State v. Colon. 2006-2250.Supreme Court of Ohio. February 28, 2007. Cuyahoga App. No. 87499, 2006-Ohio-5335. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. VI and cause consolidated with 2006-2139, State v. Colon, Cuyahoga App. No. 87499, 2006-Ohio-5335. LUNDBERG STRATTON, J., would also accept the appeal on Proposition of Law No. […]
STATE v. BYRD, 116 Ohio St.3d 1508 (2008)
2008-Ohio-381 State v. Byrd. No. 2007-1986.Supreme Court of Ohio. February 6, 2008. Cuyahoga App. No. 88570, 2007-Ohio-3533. APPEALS NOT ACCEPTED FOR REVIEW MOYER, C.J., dissents.
MARUSA v. BRUNSWICK, 106 Ohio St.3d 1486 (2005)
2005-Ohio-3978, 832 N.E.2d 738 MARUSA v. BRUNSWICK. No. 2005-0786.Supreme Court of Ohio. August 10, 2005. Medina App. No. 04CA0038-M, 2005-Ohio-1135. APPEALS NOT ACCEPTED FOR REVIEW
FLYNN v. BREDBECK, 147 Ohio St. 49 (1946)
68 N.E.2d 75 FLYNN, ADMR., APPELLEE v. BREDBECK ET AL., APPELLEES; SEUFERT ET AL., APPELLANTS. No. 30588Supreme Court of Ohio. Decided July 17, 1946. Wills — Presumption testator possesses knowledge of statutes affecting devolution of estate — Sections 10504-73 and 10512-19, General Code (114 Ohio Laws, 474) — Statutes in pari materia — Devise to […]
STATE, EX REL. LIFE OF MARYLAND, INC., v. KATZ, 4 Ohio St.3d 140 (1983)
447 N.E.2d 116 THE STATE, EX REL. LIFE OF MARYLAND, INC., v. KATZ, SUPT. No. 82-1554Supreme Court of Ohio. Decided April 13, 1983. Mandamus to compel superintendent of insurance to act on application for certificate of authority — Insurance — Administrative law — Administrative rule limiting number of applications considered by department proper, when — […]
IN RE RESIGNATION OF MACEJKO, 115 Ohio St.3d 1211 (2007)
2007-Ohio-5273, 874 N.E.2d 529 IN RE RESIGNATION OF MACEJKO. No. 2007-0621.Supreme Court of Ohio.Submitted September 12, 2007. Decided September 28, 2007. ON AFFIDAVIT OF RESIGNATION and AUTHORIZATION AND RELEASE PURSUANT TO GOV.BAR R. V(11)(G)(1). {¶ 1} On April 9, 2007, respondent, Theodore Thomas Macejko, Attorney Registration No. 0010642, last known business address in Youngstown, Ohio, […]
MISCELLANEOUS DISMISSALS, 69 Ohio St.3d 1486 (1994)
635 N.E.2d 40, 41Supreme Court of Ohio. 1994. MISCELLANEOUS DISMISSIALS Thursday, July 7, 1994 94-868. Murphy v. Columbus. Franklin County, No. 93AP1111581. This cause is pending before the court as a discretionary appeal. On April 26, 1994, this court denied appellant’s request for an extension of time to file memorandum in support of jurisdiction. In […]
LICENSED BEVERAGE v. DEPT. OF HEALTH, 118 Ohio St.3d 1433 (2008)
2008-Ohio-2595 Ohio Licensed Beverage Assn. v. Ohio Dept. of Health. No. 2008-0356.Supreme Court of Ohio. June 4, 2008. Franklin App. No. 07AP-490, 2007-Ohio-7147. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents and would accept the appeal on Proposition of Law No. II. LUNDBERG STRATTON and LANZINGER, JJ., dissent.
IN RE RESIGNATION OF ST. CLAIR, 122 Ohio St.3d 1205 (2009)
2009-Ohio-2868 IN RE RESIGNATION OF ST. CLAIR. Page 1206 No. 2009-0780.Supreme Court of Ohio.Submitted May 19, 2009. Decided June 2, 2009. ON APPLICATION FOR RETIREMENT OR RESIGNATION PURSUANT TO GOV.BAR R. VI(6). {¶ 1} Robert Byrn St. Clair, Attorney Registration No. 0011369, last known business address in Columbus, Ohio, who was admitted to the bar […]
HENDERSON v. SANTIAGO, 127 Ohio St.3d 1481 (2010)
2010-Ohio-6370 Henderson v. Santiago. No. 2010-1691.Supreme Court of Ohio. December 27, 2010. Appeal from the In Habeas Corpus. Reported at 127 Ohio St.3d 1441, 2010-Ohio-5762, 937 N.E.2d 1033. Reconsideration Of Prior Decisions. On motion for reconsideration. Motion denied.
RUGE v. CONRAD, Unpublished Decision (12-30-1998)
Ruge, Appellant and Cross-Appellee, v. Conrad, Admr., et al., Appellees and Cross-Appellants; Navistar International Transportation Corporation, Appellee. No. 97-2328Supreme Court of Ohio.Submitted October 14, 1998 Decided December 30, 1998 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal dismissed as improvidently allowed. Appeal and Cross-Appeal from the Court of Appeals for […]
PROVIDENT BANK v. WOOD, 36 Ohio St.2d 101 (1973)
304 N.E.2d 378 THE PROVIDENT BANK, APPELLANT, v. WOOD ET AL., BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY, APPELLEES. No. 73-255Supreme Court of Ohio. Decided December 5, 1973. Uniform Depository Act — Investment of interim moneys — Statutory construction — R.C. 135.14(C) — Deposit of public moneys — R.C. 135.09 — “Award” construed — R.C. […]
STATE v. PORTER, 110 Ohio St.3d 1410 (2006)
2006-Ohio-3306, 850 N.E.2d 72 State v. Porter. 2006-0615.Supreme Court of Ohio. July 5, 2006. Lucas App. No. L-04-1278, 2006-Ohio-589.
FURNITURE CO. v. DAYTON, 143 Ohio St. 517 (1944)
55 N.E.2d 808 THE WAYNE FURNITURE CO., APPELLANT v. CITY OF DAYTON ET AL., APPELLEES. No. 30000Supreme Court of Ohio. Decided June 7, 1944. Supreme Court — Dismissal — No debatable constitutional question involved — Municipal corporations — Free water for extinguishing fire — Section 3963, General Code — Charge for fire line service for […]
STATE EX REL. ROSS v. DeWINE, 127 Ohio St.3d 1529 (2011)
2011-Ohio-376, 940 N.E.2d 984 State ex rel. Ross v. DeWine. No. 2010-2116.Supreme Court of Ohio. February 2, 2011. MERIT DECISIONS WITHOUT OPINIONS. In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed. O’Connor, C.J., and Pfeifer, Lundberg Stratton, Cupp, and McGee Brown, JJ., concur. O’Donnell and Lanzinger, JJ., dissent and would grant a […]
FOSTORIA v. PATROLMEN’S BEN. ASSN., 106 Ohio St.3d 194 (2005)
2005-Ohio-4558, 833 N.E.2d 720 CITY OF FOSTORIA, APPELLEE, v. OHIO PATROLMEN’S BENEVOLENT ASSOCIATION ET AL., APPELLANTS. No. 2004-0892.Supreme Court of Ohio.Submitted March 9, 2005. Decided September 14, 2005. Appeal from the Court of Appeals for Seneca County, No. 13-03-26, 2004-Ohio-1945. O’DONNELL, J. {¶ 1} The Ohio Patrolmen’s Benevolent Association (“OPBA”) and dispatcher Louanne Grine appeal […]
SCHWARTZ v. TURNER, 114 Ohio St.3d 1418 (2007)
2007-Ohio-2818 State ex rel. Schwartz v. Turner. No. 2007-0303.Supreme Court of Ohio. June 11, 2007. MEDIATION REFERRALS The following cases have been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E): In Prohibition.
BONACORSI v. WHEELING LAKE ERIE, 95 Ohio St.3d 314 (2002)
767 N.E.2d 707 Bonacorsi, Appellant, v. Wheeling Lake Erie Railway Company, Appellee. No. 2000-2278.Supreme Court of Ohio.Submitted January 29, 2002. Decided May 22, 2002. Appeal from the Court of Appeals for Stark County, No. 1999CA00407. Douglas, J. In July 1996, plaintiff-appellant, Cris A. Bonacorsi, was seriously injured[1] when the motorcycle he was driving collided with […]
DISCIPLINARY COUNSEL v. MUNTEAN, 127 Ohio St.3d 427 (2010)
2010-Ohio-6133, 940 N.E.2d 942 DISCIPLINARY COUNSEL v. MUNTEAN. No. 2010-1463.Supreme Court of Ohio.Submitted September 28, 2010. Decided December 20, 2010. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 09-094. Per Curiam. {¶ 1} Respondent, Christopher Peter Muntean of Akron, Ohio, Attorney Registration No. 0077343, was admitted […]
CANGEMI v. CANGEMI, 111 Ohio St.3d 1494 (2006)
2006-Ohio-6171 cangemi v. Cangemi. 2006-1563.Supreme Court of Ohio. November 29, 2006. Cuyahoga App. No. 86670, 2006-Ohio-2879. APPEALS NOT ACCEPTED FOR REVIEW O’CONNOR, J., not participating.
GRESSER v. PROGRESSIVE INS., 113 Ohio St.3d 1443 (2007)
2007-Ohio-1266 Gresser v. Progressive Ins. No. 2006-2377.Supreme Court of Ohio. March 28, 2007. Medina App. No. 06CA0030-M, 2006-Ohio-5956. Appeals not Accepted for Review
ADMINISTRATIVE DOCKET, 87 Ohio St.3d 1444 (1999)
719 N.E.2d 7Supreme Court of Ohio. 1999. ADMINISTRATIVE DOCKET November 12, 1999 1. An amendment to DR 2-101 (Publicity; Understanding Your Rights) was adopted. Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur. Moyer, C.J., concurring. I would prefer adopting the so-called Florida rule that would prohibit the solicitation of victims of accidents […]
MASHETER v. HOFFMAN, 34 Ohio St.2d 213 (1973)
298 N.E.2d 142 MASHETER, DIR. OF HIGHWAYS, APPELLEE, v. HOFFMAN ET AL., APPELLANTS. No. 70-538Supreme Court of Ohio. Decided June 13, 1973. Appropriation of property — Value of property taken — Evidence — Sales prices of comparable real property — Evidence of, admissible, when — Charge to jury. In appropriation proceedings, it is error for […]
WILLIAMS v. OHIO DEPT. OF JOB, 129 Ohio St.3d 332 (2011)
2011-Ohio-2897, 951 N.E.2d 1031 WILLIAMS, APPELLEE, v. OHIO DEPARTMENT OF JOB AND FAMILY SERVICES; BRIDGEWAY, INC., APPELLANT. No. 2010-1166.Supreme Court of Ohio.Submitted March 22, 2011. Decided June 22, 2011. APPEAL from the Court of Appeals for Cuyahoga County, No. 93594, 2010-Ohio-2222. LANZINGER, J. {¶ 1} In this case, we are asked to determine whether an […]
KNOKE v. LINDLEY, 70 Ohio St.2d 16 (1982)
434 N.E.2d 275 KNOKE ET AL., D.B.A. FREMONT CANDY CIGAR CO., APPELLEES, v. LINDLEY, TAX COMMR., APPELLANT. No. 81-1281Supreme Court of Ohio. Decided April 21, 1982. Taxation — R.C. Chapter 5743 — Cigarette use tax and sales tax provisions — To be read in pari materia — No tax liability on unsaleable cigarettes, when. APPEAL […]
HUGHLEY v. BERENS, 122 Ohio St.3d 1529 (2009)
2009-Ohio-4976 State ex rel. Hughley v. Berens. No. 2009-1256.Supreme Court of Ohio. September 24, 2009. Fairfield App. No. 2009-CA-24, 2009-Ohio-3277. MOTION AND PROCEDURAL RULINGS. This cause is pending before the court as an appeal from the Court of Appeals for Fairfield County. Upon consideration of appellant’s motion to compel the clerk to transmit the record, […]
IN RE WHEELER, 112 Ohio St.3d 1414 (2006)
2006-Ohio-6755 In re Wheeler. 2006-2205.Supreme Court of Ohio. December 26, 2006. Appeal from the Cuyahoga App. No. 88794. MISCELLANEOUS DISMISSALS. 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 is granted. Accordingly, this cause is […]
CURTIS v. STATE, 113 Ohio St. 187 (1925)
148 N.E. 831 CURTIS v. THE STATE OF OHIO. No. 18991Supreme Court of Ohio. Decided June 16, 1925. Criminal law — Bribery — Crime completed upon receipt of money to influence official action — Evidence of conspiracy to thwart administration of justice — Official acts of incompleted similar crimes in furtherance of conspiracy — Charge […]