Category: Ohio Supreme Court Opinions

780 N.E.2d 602Supreme Court of Ohio. 2002. DISCIPLINARY CASES Case Announcements and Administrative Actions December 27, 20021992-0422. Columbus Bar Assn. v. Gaba. On motion for order to appear and show cause. Motion granted. Douglas, J., dissents and would dismiss the cause. 2002-0583. Columbus Bar Assn. v. Smith. On motion for order to appear and show […]

591 N.E.2d 1186 THE STATE, EX REL. HODGES ET AL., v. TAFT, SECY. OF STATE, ET AL. No. 92-16Supreme Court of Ohio.Submitted April 8, 1992 — Decided May 13, 1992. IN MANDAMUS This action is brought on relators’ petition for a writ of mandamus, which has been filed originally in this court pursuant to Section […]

699 N.E.2d 946 Rini v. Rini. 98-1273.Supreme Court of Ohio. September 23, 1998. Cuyahoga App. No. 72414.

756 N.E.2d 111Supreme Court of Ohio. 2001. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED Announcement Wednesday, October 10, 2001.00-2311. State v. Nields. Hamilton App. No. C-990474. 01-1293. Ball v. Guaranty Natl. Ins. Co. Warren App. No. CA2000-12-104. F.E. SWEENEY, J., dissents. 01-1298. State v. Walker. Stark App. No. […]

700 N.E.2d 877 Schnitzler v. Agri Gen. Co., L.P. 98-1656.Supreme Court of Ohio. October 19, 1998 Appeal from the Marion App. No. 9-98-29. On October 1, 1998, appellant filed a document titled “Citation to Relevant Authority.” Appellants document contains more than the citation to the relevant authority permitted by S.Ct.Prac.R. III (3). Accordingly, IT IS […]

285 N.E.2d 371 THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC RY. CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 71-756Supreme Court of Ohio. Decided July 12, 1972. Public Utilities Commission — Regulatory power — Order of commission unreasonable and unlawful, when — That railroad eliminate unsanitary conditions on property leased another — Appeal […]

703 N.E.2d 798 THE STATE EX REL. HILLSIDE DAIRY COMPANY v. CONRAD, ADMINISTRATOR, ET AL. No. 97-1791.Supreme Court of Ohio.Submitted September 15, 1998. Decided January 13, 1999. IN MANDAMUS and PROCEDENDO. This case comes before us after protracted litigation both administratively and judicially. Litigation has, at various points, encompassed the nature of the allowed conditions, […]

711 N.E.2d 233 Karr v. Borchardt. No. 99-222.Supreme Court of Ohio. June 16, 1999. APPEAL from Seneca App. No. 13-98-36. Discretionary appeal allowed sua sponte, cause consolidated with 99-219, supra, and 99-223 and 99-224 infra. COOK, J., would hold this cause for the decision in 99-342, 99-348 and 99-618, Holcomb v. State Farm Ins. Cos., […]

731 N.E.2d 1135Supreme Court of Ohio. 2000. MOTION DOCKET98-1209. State v. Sanders. Hamilton App. No. C-960253. This cause is a death penalty appeal from the Court of Appeals for Hamilton County. On April 6, 2000, this court ordered the Clerk of the Court of Common Pleas of Scioto County to certify and transmit the transcripts […]

632 N.E.2d 909, 913Supreme Court of Ohio. 1994. MERIT DOCKET Wednesday, May 25, 1994 93-1744. State ex rel. Boehning v. Nelson. In Mandamus. On answer of respondent. Answer treated as motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. 94-248. State ex […]

406 N.E.2d 809 THE STATE, EX REL. GRINNELL COMMUNICATIONS CORP. ET AL., v. LOVE, JUDGE. No. 80-787Supreme Court of Ohio. Decided June 18, 1980. Court procedure — Radio, television and photographic coverage — Sup. R. 11 — Mandamus — To direct allowance of coverage — Writ allowed, when — Qualifications. IN MANDAMUS and PROHIBITION. Respondent, […]

153 N.E.2d 674 THE STATE OF OHIO, APPELLEE v. GUERRIERI, APPELLANT. No. 35646Supreme Court of Ohio. Decided October 8, 1958. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Attempted burglary — Evidence — Sufficiency — Charge to jury — Claimed abuse of discretion — Sections 1, 10 and 16, […]

37 N.E.2d 41 COLUMBUS SOUTHERN OHIO ELECTRIC CO., APPELLANT v. WEST, REGISTRAR OF MOTOR VEHICLES, APPELLEE.[*] No. 28721Supreme Court of Ohio. Decided October 22, 1941. [*] Reporter’s Note: This cause is pending, a motion to certify having been allowed. Supreme Court — Dismissal — No debatable constitutional question involved — Motor vehicles — License fee […]

687 N.E.2d 762 THE STATE EX REL. GROVE v. NADEL, JUDGE. No. 97-1919Supreme Court of Ohio.Submitted November 4, 1997 — Decided January 7, 1998. IN PROCEDENDO. ON MOTION TO DISMISS. Mark Earl Grove, pro se. Joseph T. Deters, Hamilton County Prosecuting Attorney, an Ronald W. Springman, Jr., Assistant Prosecuting Attorney, for respondent. The motion to […]

676 N.E.2d 80 THE STATE OF OHIO, APPELLANT, v. JONES, APPELLEE. No. 95-1884Supreme Court of Ohio.Submitted January 7, 1997 — Decided March 19, 1997. APPEAL from the Court of Appeals for Montgomery County, No. 14649. In the early morning hours of February 3, 1994, Teressa Robinson found herself abandoned by friends in an unfamiliar neighborhood […]

508 N.E.2d 964 AKERS, APPELLEE, v. SERV-A-PORTION, INC.; CONNOR, ADMR., BUREAU OF WORKERS’ COMPENSATION, APPELLANT. No. 86-900Supreme Court of Ohio. Decided June 17, 1987. Workers’ compensation — Claimant unsuccessful in establishing right to participate — Stenographic and reproduction costs of depositions are to be paid pursuant to R.C. 4123.519. O.Jur 2d Workmen’s Compensation §§ 174, […]

434 N.E.2d 1349 S M CONSTRUCTORS, INC., APPELLANT, v. CITY OF COLUMBUS, APPELLEE, ET AL. No. 81-837Supreme Court of Ohio. Decided May 19, 1982. Contracts — Municipal construction project — Municipality’s liability to contractor for additional expenses incurred — Properly disclaimed, when. A municipality may disclaim in writing its liability to the contractor of a […]

778 N.E.2d 1045 Stone, Appellant, v. Medaglia-Dell, Appellee, et al. Page 1219 No. 2001-1300.Supreme Court of Ohio.Submitted September 24, 2002. Decided December 4, 2002. Appeal from the Court of Appeals for Cuyahoga County, No. 78293. {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. Moyer, C.J., Douglas, Pfeifer, Cook and Lundberg […]

734 N.E.2d 377Supreme Court of Ohio. 2000. RECONSIDERATION DOCKET ANNOUNCEMENT WEDNESDAY August 30, 2000.99-164. Brown v. Dayton. Montgomery App. Nos. 16875 and 16876. Reported at 89 Ohio St.3d 245, ___ N.E.2d ___. On motion for reconsideration. Motion denied. 99-2133. State ex rel. Nelson v. Russo. Cuyahoga App. No. 76862. Reported at 89 Ohio St.3d 227, […]

763 N.E.2d 596 In re Disqualification of O’Farrell. McCarty et al. v. Ashcraft et al. No. 01-AP-019.Supreme Court of Ohio. Decided March 12, 2001. On Affidavit of Disqualification in Tuscarawas County Court of Common Pleas case No. 2001CV010031. MOYER, C.J. This affidavit of disqualification filed by John and Robert McCarty seeks the disqualification of Judge […]

101 N.E.2d 905 HALLIDAY, ADMX., APPELLANT v. THE YORK-LAKE CO. ET AL., APPELLEES. No. 32750Supreme Court of Ohio. Decided November 14, 1951. Supreme Court — Dismissal — No debatable constitutional question involved — Declaratory judgment action — Judgment for defendant on pleadings and plaintiff’s opening statement — Torrens registered titles not impeachable in collateral attack […]

777 N.E.2d 241 State ex rel. Roubal, Appellant, v. Industrial Commission of Ohio, Appellee. Page 197 No. 2002-0413.Supreme Court of Ohio.Submitted September 17, 2002. Decided November 6, 2002. Appeal from the Court of Appeals for Franklin County, No. 01AP-595. {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of […]

782 N.E.2d 74Supreme Court of Ohio. 2003. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions January 23, 20032002-1245. Estate of Houser v. Motorists Ins. Co. Auglaize App. No. 2-02-02, 2002-Ohio-2845. This cause is pending before the court as an appeal from the Court of Appeals for Auglaize County. On January 10, 2003, appellees Hartford […]

11 N.E.2d 873 CURRY ET AL., BD. OF COMMRS. OF CUYAHOGA COUNTY, APPELLANTS v. LYBARGER, COUNTY RECORDER, ET AL., APPELLEES. No. 26574Supreme Court of Ohio. Decided December 8, 1937. Assessments — Validity of special assessment conditional upon compliance with statutes — Lien not valid against land registered under Torrens Act, when — Section 8572-56, General […]

708 N.E.2d 1010 State v. Boyd. No. 99-117.Supreme Court of Ohio. April 21, 1999. Lucus App. No. L-97-1366. RESNICK, J., not participating.

700 N.E.2d 332 State v. Hamlin. No. 98-1701Supreme Court of Ohio. October 7, 1998 Lorain App. No. 95CA007072. On motion for leave to file delayed appeal. Motion denied. MOYER, C.S., PFEIFER and LUNDBERG STRATTON, JJ., dissent.

233 N.E.2d 582 HALL ET AL., APPELLANTS v. AMERICAN BRAKE SHOE CO. ET AL., APPELLEES. No. 40885Supreme Court of Ohio. Decided January 3, 1968. Appeal — Bill of exceptions — Filing in appellate court not required, when — Bureau of Unemployment Compensation — Appeal to Board of Review — To Common Pleas Court — Transcript […]

694 N.E.2d 965 THE STATE EX REL. PEARSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 95-2140Supreme Court of Ohio.Submitted May 12, 1998 — Decided June 17, 1998. APPEAL from the Court of Appeals for Franklin County, No. 94APD08-1240. Page 181 Kondritzer, Gold, Frank Crowley Co., L.P.A., and Lane N. Cohen, for appellant. […]

135 N.E.2d 372 BOOL, CO-EXR., APPELLANT, ET AL., APPELLEES v. BOOL, APPELLANT; UNIVERSITY HOSPITALS OF CLEVELAND ET AL., APPELLEES. No. 34518Supreme Court of Ohio. Decided May 23, 1956. Wills — Specific bequest adeemed — Beneficiary deprived of property in lieu thereof, when — Bequest of stock or securities of corporation — Stock redeemed by corporation […]

713 N.E.2d 1049 State v. Sheppard. No. 99-893.Supreme Court of Ohio. August 4, 1999. Hamilton App. No. C-980569.

199 N.E.2d 390 THE STATE OF OHIO, APPELLEE v. GIAFRANCESCO, APPELLANT. No. 38681Supreme Court of Ohio. Decided June 3, 1964. APPEAL from the Court of Appeals for Trumbull County. The appeal as of right herein is dismissed for the reason that no substantial constitutional question is involved. TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH, HERBERT and […]

438 N.E.2d 414 CREASY, DIR., DEPT. OF PUBLIC WELFARE, v. WALLER, AUD., ET AL. No. 82-41Supreme Court of Ohio. Decided July 28, 1982. Mandamus — To compel restitution of state funds — Writ denied, when — Adequate remedy at law available by way of action on account. IN MANDAMUS. Until April 1974, Lawrence County participated […]

55 N.E.2d 644 SCHMITT, APPELLEE v. DOEHLER DIE CASTING CO., APPELLANT. No. 29640Supreme Court of Ohio. Decided June 14, 1944. Evidence — Record of act, condition or event, competent, when — Section 12102-23, General Code — Record, based upon hearsay not part of res gestae, inadmissible, when. 1. Under the provisions of Section 12102-23, General […]

700 N.E.2d 332 State v. Miller. No. 98-1617Supreme Court of Ohio. October 7, 1998 Logan App. No. 8-98-5. LUNDBERG STRATTON, J., dissents.

178 N.E.2d 598 BARCROFT, D.B.A. BARCROFT ADVERTISING AGENCY, ET AL., APPELLANTS v. PAUL WINSTON CO. ET AL., APPELLEES. No. 37222Supreme Court of Ohio. Decided November 15, 1961. Supreme Court — Dismissal — No debatable constitutional question involved — Sale of summer theatrical production business — Bulk Sales Law — Applicability. APPEAL from the Court of […]

529 N.E.2d 896 THE STATE, EX REL. ASHBROOK ET AL., v. BROWN, SECY. OF STATE, ET AL. No. 88-1165Supreme Court of Ohio.Submitted September 20, 1988 — Decided September 23, 1988. Elections — Death of primary election candidate — Substitution permitted by R.C. 3513.17 and 3513.31, when. IN MANDAMUS. Carl Wheeler, an incumbent member of the […]

483 N.E.2d 851 THE STATE OF OHIO, APPELLEE, v. WELLS, APPELLANT. No. 84-1941Supreme Court of Ohio. Decided September 18, 1985. Criminal law — Appellate procedure — Judgment reversed on authority of App. R. 4(B). APPEAL from the Court of Appeals for Van Wert County. William F. Schenck, prosecuting attorney, and Dennis J. Langer, for appellee. […]

401 N.E.2d 440 BOARD OF EDUCATION OF THE BRUNSWICK CITY SCHOOL DISTRICT, APPELLEE AND CROSS-APPELLANT, v. BRUNSWICK EDUCATION ASSOCIATION ET AL., APPELLANTS AND CROSS-APPELLEES. No. 79-98Supreme Court of Ohio. Decided March 12, 1980. Contempt of court — Civil contempt — Imposition of coercive sanctions — Conditions precedent — Incarceration order and levy of prospective fines […]

776 N.E.2d 63 The State ex rel. Ohio Aluminum Industries, Inc., Appellant, v. Conrad, Admr., Bureau of Workers’ Compensation, Appellee. Page 39 No. 2001-0315.Supreme Court of Ohio.Submitted July 24, 2002. Decided October 16, 2002. Appeal from the Court of Appeals for Franklin County, No. 99AP-1060. Per Curiam. {¶ 1} Appellant, Ohio Aluminum Industries, Inc. (“OA”), […]

544 N.E.2d 239 THE STATE OF OHIO, APPELLEE, v. SMITH, APPELLANT. No. 88-826Supreme Court of Ohio.Submitted April 12, 1989 — Decided September 13, 1989. Criminal law — Search and seizure — Encounter on street outside suspected drug house — Person is not “seized,” when. APPEAL from the Court of Appeals for Ashland County, No. 889. […]

92 N.E.2d 689 WENNING, APPELLANT v. THE PEOPLES BANK OF COLDWATER, OHIO, ET AL., APPELLEES. No. 32075Supreme Court of Ohio. Decided March 22, 1950. Supreme Court — Dismissal — No debatable constitutional question involved — Conflict of law — Land foreclosure proceeding instituted in Common Pleas Court, September 7, 1934 — October 2, 1934, petition […]

478 N.E.2d 770 THE STATE, EX REL. MCGRAW ET AL., APPELLANTS, v. GORMAN, JUDGE, APPELLEE. No. 84-914Supreme Court of Ohio. Decided May 29, 1985. Courts — Municipal court housing division — Jurisdiction not exclusive where alleged damages exceed $10,000 — R.C. 1901.17 and 1901.181, construed. APPEAL from the Court of Appeals for Cuyahoga County. This […]

304 N.E.2d 898 THE STATE OF OHIO, APPELLANT, v. RAWLINGS, APPELLEE. No. 73-396Supreme Court of Ohio. Decided December 12, 1973. Criminal law — Sentence — Credit for confinement prior to conviction — Issue moot — R.C. 2967.191. CERTIFIED by the Court of Appeals for Montgomery County. On August 29, 1972, Leroy Myron Rawlings, appellee herein, […]

78 N.E.2d 46 THE STATE OF OHIO, APPELLANT v. CURTIS, APPELLEE, ET AL. No. 31183Supreme Court of Ohio. Decided March 3, 1948. Criminal law — Armed robbery — Included offenses — Robbery, attempt to rob and assault with intent to rob — Section 13448-2, General Code — Charge to jury — Court may instruct on […]

473 N.E.2d 798 SANDUSKY PROPERTIES, APPELLEE, v. AVENI ET AL., APPELLANTS. No. 83-1970Supreme Court of Ohio. Decided December 31, 1984. Contracts — Specific performance — Accounting — No abuse of discretion by trial court, when. APPEAL from the Court of Appeals for Erie County. The facts giving rise to this appeal are that appellee, Sandusky […]

701 N.E.2d 991 THE STATE EX REL. DIROSA, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 96-1393.Supreme Court of Ohio.Submitted October 13, 1998. Decided December 2, 1998. APPEAL from the Court of Appeals for Franklin County, No. 95APD02-193. In December 1991, appellant-claimant, Michael F. DiRosa, Jr., held two jobs, one as a full-time self-employed insurance […]

357 N.E.2d 1077 OHIO UTILITIES COMPANY, APPELLANT, v. COLLINS, TAX COMMR., APPELLEE. No. 76-374Supreme Court of Ohio. Decided December 15, 1976. Taxation — Tax Commissioner — Certificate of abatement — Not authorized to grant, when — R.C. 5703.05(B), construed. The Tax Commissioner does not have jurisdiction pursuant to R.C. 5703.05(B) to grant a taxpayer a […]

718 N.E.2d 447 State v. Tillett. No. 99-1460.Supreme Court of Ohio. October 27, 1999. Cuyahoga App. No. 74275.

647 N.E.2d 1361 LOGSDON ET AL., APPELLANTS, v. NICHOLS, APPELLEE. No. 94-363Supreme Court of Ohio.Submitted March 22, 1995 — Decided May 3, 1995. APPEAL from the Court of Appeals for Franklin County, No. 93AP-1025. Russell D. Finneran and Robert C. Paxton II, for appellants. Enz, Jones LeGrand, Grey W. Jones and Robert F. Gage, for […]