2005-Ohio-6763 HARPER v. HARPER. 2005-1736.Supreme Court of Ohio. December 29, 2005. Franklin App. No. 04AP-685, 2005-Ohio-3989. APPEALS NOT ACCEPTED FOR REVIEW
Category: Ohio Supreme Court Opinions
LACEY v. LAIRD, 166 Ohio St. 12 (1956)
139 N.E.2d 25 LACEY, A MINOR, APPELLANT v. LAIRD, APPELLEE, ET AL. No. 34737Supreme Court of Ohio. Decided December 12, 1956. Physician and surgeon — Performing operation without patient’s consent — Parent’s consent where patient a minor — Ordinarily not assault and battery — Nominal damages recoverable — Charge to jury — “Nominal damages” defined. […]
COMMERCIAL MOTOR FREIGHT v. PUB. UTIL. COMM., 46 Ohio St.2d 195 (1976)
348 N.E.2d 132 COMMERCIAL MOTOR FREIGHT, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 75-1004Supreme Court of Ohio. Decided May 12, 1976. Public Utilities Commission — Common carrier — Suspension order removed, when. APPEAL from the Public Utilities Commission. The Public Utilities Commission, following an investigation initiated by the commission of the operations […]
THE HOME INS. CO. v. BOARD, 153 Ohio St. 538 (1950)
92 N.E.2d 609 THE HOME INS. CO. ET AL., APPELLEES v. BOARD OF COUNTY COMMRS. OF LORAIN COUNTY, APPELLANT. No. 32069Supreme Court of Ohio. Decided March 22, 1950. Supreme Court — Dismissal — No debatable constitutional question involved — Parties — Owner’s action against county for damages for loss of grader — Grader, leased to […]
STATE v. SMITH, 103 Ohio St.3d 1527 (2004)
2004-Ohio-5852, 817 N.E.2d 409 STATE v. SMITH. No. 2004-1319.Supreme Court of Ohio. November 10, 2004. Montgomery App. No. 20172, 2004-Ohio-3573. MOYER, C.J., and LUNDBERG STRATTON, J., dissent.
DISCRETIONARY APPEALS NOT ALLOWED, 79 Ohio St.3d 1508 (1997)
684 N.E.2d 85-92Supreme Court of Ohio. 1997. DISCRETIONARY APPEALS NOT ALLOWED Wednesday, September 17, 199797-1027. Windham Foods, Inc. v. Fleming Cos., Inc. Trumbull App. Nos. 96-T-5515 and 96-T-5519. (Appeal of Fleming Companies, Inc. et al.; appeal of Charles N. Warren.) MOYER, C.J., dissents. 97-1161. Davis v. Continental Ins. Co. Franklin App. No. 96APE06-795. DOUGLAS and […]
STATE EX REL. WHITTENBERGER v. CLARKE, 89 Ohio St.3d 207 (2000)
729 N.E.2d 756 The State ex rel. Whittenberger, Appellant, v. Clarke, Clerk of Courts, Tuscarawas County, Appellee. No. 99-2267.Supreme Court of Ohio.Submitted April 25, 2000. Decided June 21, 2000. Appeal from the Court of Appeals for Tuscarawas County, No. 99AP110063. In 1989, appellant, Roy Whittenberger, was convicted of rape and corruption of a minor and […]
STATE EX REL. SHUMATE v. BD. OF ELECTIONS, 64 Ohio St.3d 12 (1992)
591 N.E.2d 1194 THE STATE, EX REL. SHUMATE, v. PORTAGE COUNTY BOARD OF ELECTIONS. No. 92-508Supreme Court of Ohio.Submitted May 5, 1992 — Decided May 20, 1992. IN PROHIBITION.[1] On January 17, 1992 and February 20, 1992, respectively, P. Ken Howe and J.D. Wilkins filed declarations of candidacy for the Democratic Party nomination for the […]
BROKER v. NEW YORK CENTRAL RD. CO., 128 Ohio St. 644 (1934)
193 N.E. 74 BROKER v. NEW YORK CENTRAL RD. CO. No. 24962Supreme Court of Ohio. Decided October 31, 1934. Supreme Court — Dismissals — No debatable constitutional question involved. ERROR to the Court of Appeals of Ottawa county. Messrs. True, Crawford True, for plaintiff in error. Messrs. Graves, Duff Graves, for defendant in error. It […]
STATE, EX REL. v. BREMEN, 117 Ohio St. 186 (1927)
158 N.E. 6 THE STATE, EX REL. TURNER v. VILLAGE OF BREMEN ET AL. No. 20093Supreme Court of Ohio. Decided June 22, 1927. Mandamus — Action to compel municipality to pay judgment or levy tax — Relator entitled to judgment on pleadings — Council pay judgment, levy tax or issue bonds therefor. IN MANDAMUS. Mr. […]
STATE v. KNOPP, 107 Ohio St.3d 1424 (2005)
2005-Ohio-6124 State v. Knopp. 2005-1507.Supreme Court of Ohio. November 23, 2005. Wood App. No. WD-04-024, 2005-Ohio-3358. APPEALS NOT ACCEPTED FOR REVIEW LANZINGER, J., dissents. MOYER, C.J., and O’DONNELL, J., dissent and would accept the discretionary appeal on Proposition of Law No. III.
DISCIPLINARY CASES, 103 Ohio St.3d 1420 (2004)
2004-Ohio-4504, 814 N.E.2d 64Supreme Court of Ohio. Case Announcements and Administrative Actions, August 27, 2004. *DC* DISCIPLINARY CASES 2002-1102. Disciplinary Counsel v. Connors. On December 18, 2002, this Court permanently disbarred respondent, John Joseph Connors, Jr. On July 28, 2004, respondent filed a motion for new trial based on prosecutorial misconduct. Relator filed a memorandum […]
STATE v. MARBURY, 85 Ohio St.3d 1466 (1999)
709 N.E.2d 172 STATE v. MARBURY. No. 99-558.Supreme Court of Ohio. April 28, 1999 APPEAL from Cuyahoga App. No. 74023. On motion for leave to file delayed appeal. Motion denied.
FEDERATED DEPARTMENT STORES v. LINDLEY, 8 Ohio St.3d 35 (1983)
456 N.E.2d 1209 FEDERATED DEPARTMENT STORES, INC., F R LAZARUS CO. DIVISION, APPELLEE, v. LINDLEY, TAX COMMR., APPELLANT. No. 83-147Supreme Court of Ohio. Decided December 14, 1983. Taxation — Sales and use taxes — Advertisements — Production and broadcasting of radio and television advertisements — Taxability — R.C. Chapter 5739. O.Jur 2d Sales, Use Taxes […]
DENNICK v. MIAMI SAVINGS LOAN CO., 143 Ohio St. 490 (1944)
55 N.E.2d 795 DENNICK, ADMR., APPELLANT v. THE MIAMI SAVINGS LOAN CO., APPELLEE. No. 29990Supreme Court of Ohio. Decided May 24, 1944. Supreme Court — Dismissal — No debatable constitutional question involved — Building and loan association assumed outstanding obligations of another association — Shareholders declared creditors in class suit and their claims enforced — […]
STATE v. NORRIS, 122 Ohio St.3d 1409 (2009)
2009-Ohio-2751 State v. Norris. No. 2009-0442.Supreme Court of Ohio. June 17, 2009. Cuyahoga App. No. 91000, 2009-Ohio-34. APPEALS ACCEPTED FOR REVIEW. Discretionary appeal accepted; cause held for the decision in 2007-1812, State v. Harris, Hamilton App. No. C-060587, 2007-Ohio-857; and briefing schedule stayed. PFEIFER and O’Connor, JJ., dissent.
STATE v. OSBORNE, 116 Ohio St.3d 1228 (2008)
2008-Ohio-261, 880 N.E.2d 921 THE STATE OF OHIO, APPELLEE, v. OSBORNE, APPELLANT. No. 2007-1597.Supreme Court of Ohio.Submitted January 8, 2008. Decided January 30, 2008. APPEAL from the Court of Appeals for Cuyahoga County, No. 88453, 2007-Ohio-3267. ON MOTION FOR RECONSIDERATION. {¶ 1} Appellant has filed a motion for reconsideration of the court’s denial of the […]
TOLEDO BAR ASSN. v. JOELSON, 2007-0636 (8-29-2007)
2007-Ohio-4285 Toledo Bar Assn. v. Joelson, 2007-Ohio-4272. No. 2007-0636.Supreme Court of Ohio. August 29, 2007. MERIT DECISIONS WITH OPINIONS Page 3 On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 06-09. Harlan M. Joelson is enjoined from acts constituting the practice of law in Ohio. Moyer, C.J., Pfeifer, Lundberg Stratton, […]
TOLEDO PUB. SCHOOLS v. LUCAS CTY. BD. OF REV., 2009-2102 (6-3-2010)
2010-Ohio-2438, 928 N.E.2d 1107 Toledo Pub. Schools Bd. of Edn. v. Lucas Cty. Bd. of Revision, Slip Opinion No. 2010-Ohio-2427. No. 2009-2102.Supreme Court of Ohio. June 3, 2010. MERIT DECISIONS WITH OPINIONS Board of Tax Appeals, No. 2008-V-2192. Decision of the Board of Tax Appeals reversed, and cause remanded. Brown, C.J., and Pfeifer, Lundberg Stratton, […]
DOLLAR SAVINGS TRUST CO. v. SHEESELY, 141 Ohio St. 664 (1943)
50 N.E.2d 147 THE DOLLAR SAVINGS TRUST CO., TRUSTEE, ET AL., APPELLEES v. SHEESELY ET AL., APPELLANTS. No. 29529Supreme Court of Ohio. Decided May 26, 1943. Supreme Court — Dismissal — No debatable constitutional question involved — Evidence — Party may not testify, when — Section 11495, General Code — Deposition of adverse party filed […]
DALE v. OHIO CIV. SERV. EMP. ASSN., 57 Ohio St.3d 112 (1991)
567 N.E.2d 253 DALE, APPELLEE, v. OHIO CIVIL SERVICE EMPLOYEES ASSOCIATION ET AL.; AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, APPELLANT. No. 89-2047Supreme Court of Ohio.Submitted November 28, 1990 — Decided January 30, 1991. Labor relations — “Labor dispute,” defined — Torts — Defamation — “Actual malice” standard applies to defamation claims founded […]
STATE, EX REL. WIGGINS, v. BARNES, 57 Ohio St.3d 45 (1991)
565 N.E.2d 598 [THE STATE, EX REL.] WIGGINS ET AL., APPELLEES, v. BARNES, DIRECTOR, ET AL., APPELLANTS. No. 90-193Supreme Court of Ohio.Submitted October 23, 1990 — Decided January 16, 1991. Mandamus to compel Ohio Penal Industries to provide prison inmates greater compensation and back pay for assembling auto wiper and lighting switches under a private […]
BRAND v. SAFFORD, 118 Ohio St. 56 (1928)
160 N.E. 464 BRAND v. SAFFORD, SUPERINTENDENT OF INSURANCE. Nos. 20727 and 20783Supreme Court of Ohio. Decided January 25, 1928. Superintendent of insurance — Powers and duties — General Code sections in pari materia — Sections 617 et seq. and 9592-12 et seq., General Code — Disapproval of fire insurance company and rate-making bureau agreement […]
FABER v. METALWELD, INC., 68 Ohio St.3d 1211 (1994)
624 N.E.2d 1062 FABER, ADMR., APPELLANT, v. METALWELD, INC., APPELLEE, ET AL. No. 92-2093Supreme Court of Ohio.Submitted December 8, 1993 — Decided January 26, 1994. APPEAL from the Court of Appeals for Cuyahoga County, No. 60983. Friedman, Domiano Smith Co., L.P.A., and Jeffrey H. Friedman, for appellant. Law Offices of Jan A. Saurman and Kerry […]
HASBROOK v. WINGATE, 152 Ohio St. 50 (1949)
87 N.E.2d 87 HASBROOK, APPELLEE v. WINGATE, APPELLANT. No. 31637Supreme Court of Ohio. Decided June 22, 1949. Motor vehicles — Guest statute — Section 6308-6, General Code — Burden on rider to show payment for transportation, when — Contract or arrangement for pay-transportation may be express or implied — Payment of small sum — Status […]
POWELL v. McCOY, 114 Ohio St.3d 1470 (2007)
2007-Ohio-3616 Powell v. McCoy. No. 2007-0933.Supreme Court of Ohio. July 17, 2007. MISCELLANEOUS DISMISSALS Summit App. No. 23517. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s application for dismissal, It is ordered by the court that the application for dismissal is granted. Accordingly, […]
NOLAN v. CONSECO HEALTH INS., 120 Ohio St.3d 1421 (2008)
2008-Ohio-6166 Nolan v. Conseco Health Ins. Co. No. 2008-1600.Supreme Court of Ohio. December 3, 2008. Jefferson App. No. 07 JE 30, 2008-Ohio-3332. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., dissents. O’CONNOR, J., dissents and would accept the appeal on Proposition of Law No. II.
HOOVER v. BD. OF FRANKLIN CTY. COMMRS., 19 Ohio St.3d 1 (1985)
482 N.E.2d 575 HOOVER, APPELLEE AND CROSS-APPELLANT, v. BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, OHIO, ET AL., APPELLANTS AND CROSS-APPELLEES. No. 84-401Supreme Court of Ohio. Decided August 9, 1985. Constitutional law — General Assembly — Statutes — Three-reading requirement — Enactment invalid where mandatory recordation not made in legislative journals — Section 15(C), Article II, […]
SOLER v. EVANS, 113 Ohio St.3d 1489 (2007)
2007-Ohio-1986 Soler v. Evans, St. Clair Kelsey. No. 2006-2226.Supreme Court of Ohio. May 2, 2007. Franklin App. No. 04AP-314, 2006-Ohio-5402. Appeals Not Accepted for Review
STATE v. SEAL, 105 Ohio St.3d 1470 (2005)
2005-Ohio-1186 STATE v. SEAL. No. 2004-2125.Supreme Court of Ohio. March 23, 2005. Lake App. No. 2003-L-163, 2004-Ohio-5938. APPEALS NOT ACCEPTED FOR REVIEW
STATE v. LISTER, Unpublished Decision (4-7-1999)
State v. Lister. No. 98-2703.Supreme Court of Ohio. Decided April 7, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] On Appeal from Lucas App. No. L-98-1252. Resnick, J., not participating.
DAYTON BAR ASSN. v. GROSS, 17 Ohio St.3d 206 (1985)
478 N.E.2d 792 DAYTON BAR ASSOCIATION v. GROSS. D.D. No. 84-47Supreme Court of Ohio. Decided June 5, 1985. Attorneys at law — Misconduct — Permanent disbarment — Commingling and conversion of client’s funds — Making false statements — Falsification of documents — Neglecting legal matters. ON CERTIFIED REPORT by the Board of Commissioners on Grievances […]
CAMELOT DISTRIB. CO., v. STARK CTY. BD. OF REV., 104 Ohio St.3d 1431 (2004)
2004-Ohio-6921, 819 N.E.2d 712 Camelot Distrib. Co., Inc. v. Stark Cty. Bd. of Revision. No. 2004-2050.Supreme Court of Ohio. Decided December 21, 2004. Board of Tax Appeals, No. 2003-M-24. MEDIATION REFERRALS Page 1432
BOCOOK v. HUFFMAN, 83 Ohio St.3d 1410 (1998)
698 N.E.2d 435 Bocook v. Huffman. 98-1549.Supreme Court of Ohio. August 26, 1998 In Habeas Corpus. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTION AND DISCRETIONARY APPEALS, IF APPLICABLE, NOT ALLOWED
ERIE-HURON COUNTIES JOINT COMMT. v. HUBER, Unpublished Decision (3-22-2006)
2006-Ohio-1250 Erie-Huron Counties Joint Certified Grievance Commt. v. Huber, 2006-Ohio-1066. No. 2005-1542.Supreme Court of Ohio. March 22, 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. 05-003. Richard Roman Huber, Attorney Registration No. 0000087, […]
CRAFTSMAN TYPE, INC. v. LINDLEY, 6 Ohio St.3d 82 (1983)
451 N.E.2d 768 CRAFTSMAN TYPE, INC., APPELLANT, v. LINDLEY, TAX COMMR., APPELLEE. No. 82-1665Supreme Court of Ohio. Decided July 27, 1983. Taxation — Sales tax — Transfer of reproduction proofs — R.C. 5739.01(B) — Presumption of taxability embodied in R.C. 5739.02 not overcome, when — Vendor must overcome presumption in order to avoid assessment. O.Jur […]
RECONSIDERATION DOCKET, 75 Ohio St.3d 1463 (1996)
663 N.E.2d 651, 652Supreme Court of Ohio. 1996. RECONSIDERATION DOCKET Thursday, April 25, 1996 95-2279. Feichtner v. Ohio Dept. of Transp. Franklin County, No. 95API01-47. Reported at 75 Ohio St.3d 1411, 661 N.E.2d 759. On motion for reconsideration. Motion granted; sua sponte, discretionary appeal allowed and merit briefing to proceed. MOYER, C.J., and RESNICK, J., […]
STATE, EX REL. OSBORN, v. JACKSON, 46 Ohio St.2d 41 (1976)
346 N.E.2d 141 THE STATE, EX REL. OSBORN, APPELLANT, v. JACKSON, DIR., DEPT. OF TRANSPORTATION, APPELLEE. No. 75-847Supreme Court of Ohio. Decided April 21, 1976. Civil service — State Personnel Board of Review — Jurisdiction — R.C. 124.03 — Layoff order by a department director — Disaffirmance by board — Appeal by director to court, […]
COLUMBER v. CITY OF KENTON, 111 Ohio St. 211 (1924)
145 N.E. 12 COLUMBER v. CITY OF KENTON ET AL. No. 18322Supreme Court of Ohio. Decided October 7, 1924. Error proceedings — Transcript not filed within seventy days — Section 12263, General Code — Nonfeasance of clerk in preparing transcript — Error proceedings not to be dismissed, when. Where a party has filed a petition […]
STATE v. COLLIER, 129 Ohio St.3d 1503 (2011)
2011-Ohio-5358, 955 N.E.2d 386 State v. Collier. No. 2011-1482.Supreme Court of Ohio. October 19, 2011. Cuyahoga App. No. 95572, 2011-Ohio-2791. MOTION AND PROCEDURAL RULING On motion for delayed appeal. Motion denied. MCGEE BROWN, J., dissents
STATE EX REL. JACKSON v. MCFAUL, 73 Ohio St.3d 185 (1995)
652 N.E.2d 746 THE STATE EX REL. JACKSON, APPELLANT, v. MCFAUL, SHERIFF, APPELLEE. No. 95-155Supreme Court of Ohio.Submitted May 23, 1995 — Decided August 16, 1995. APPEAL from Court of Appeals for Cuyahoga County, No. 68182. On March 19, 1992, following a bench trial, the Cuyahoga County Court of Common Pleas found appellant, Theodore Jackson, […]
STATE EX REL. CRAIN v. INDUS. COMM., 82 Ohio St.3d 175 (1998)
694 N.E.2d 961 THE STATE EX REL. CRAIN, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 95-2185Supreme Court of Ohio.Submitted May 12, 1998 — Decided June 17, 1998. APPEAL from the Court of Appeals for Franklin County, No. 94APD06-929. Sheldon Karp Co., L.P.A., and R. Mark Gottfried, for appellant. Betty D. Montgomery, Attorney General, and […]
BAUMAN v. WORLEY, 166 Ohio St. 471 (1957)
143 N.E.2d 820 BAUMAN, D.B.A. OSCAR E. BAUMAN CO., APPELLANT v. WORLEY ET AL., APPELLEES. No. 35052Supreme Court of Ohio. Decided June 26, 1957. Real estate brokers — Entitled to commission, when — Must be “procuring cause” of sale — “Procuring cause” defined — Whether broker “procuring cause” usually question of fact — Elements of […]
STATE, EX REL. GEAUGA INDUSTRIES, v. INDUS. COMM., 60 Ohio St.2d 109 (1979)
397 N.E.2d 1202 THE STATE, EX REL. GEAUGA INDUSTRIES, CO., v. INDUSTRIAL COMMISSION OF OHIO ET AL. No. 78-675Supreme Court of Ohio. Decided December 12, 1979. Workers’ compensation — Application for additional award — Allowance not abuse of discretion, when. IN MANDAMUS. On October 30, 1974, Laura Daugherty (claimant-intervenor herein) sustained an accidental injury in […]
BISHOPP v. DRYVIT SYS., INC., 114 Ohio St.3d 1482 (2007)
2007-Ohio-3699 Bishopp v. Dryvit Sys., Inc. No. 2007-0687.Supreme Court of Ohio. July 25, 2007. Appeal from the Warren App. No. CA2006-05-063, 2007-Ohio-917. Appeals Not Accepted for Review LUNDBERG STRATTON and LANZINGER, JJ., dissent.
MAGUIRE v. NATL. CITY BANK, 124 Ohio St.3d 1418 (2009)
2009-Ohio-6816 Maguire v. Natl. City Bank. No. 2009-1852.Supreme Court of Ohio. December 30, 2009. Montgomery App. No. 23140, 2009-Ohio-4405. APPEALS NOT ACCEPTED FOR REVIEW.
MOTION DOCKET, 66 Ohio St.3d 1482 (1993)
612 N.E.2d 1239-1246Supreme Court of Ohio. 1993. MOTION DOCKET Tuesday, May 25, 1993 92-1925. Firestone v. Galbreath. Certified Question of State Law, Nos. 904114, 904115, 904116 and 904117. This cause is pending before the court on the certification of a state law question from the United States Court of Appeals for the Sixth Circuit. Upon […]
MEIJER STORES LTD. v. DEFIANCE CTY. BD. REV., 110 Ohio St.3d 1478 (2006)
2006-Ohio-4645 MEIJER STORES LIMITED PARTNERSHIP v. DEFIANCE CTY. BD. OF REVISION. 2006-0652.Supreme Court of Ohio. September 11, 2006. Board of Tax Appeals No. 2003-T-2035. This cause is pending before the court as a cross-appeal from the Board of Tax Appeals. Upon consideration of appellee/cross-appellant’s application for dismissal, IT IS ORDERED by the court that the […]
CITY OF NORTH CANTON v. CITY OF CANTON, 114 Ohio St.3d 253 (2007)
2007-Ohio-4005, 871 N.E.2d 586 CITY OF NORTH CANTON, APPELLANT, v. CITY OF CANTON ET AL., APPELLEES. Page 254 No. 2006-0293.Supreme Court of Ohio.Submitted April 3, 2007. Decided August 22, 2007. APPEAL from the Court of Appeals for Stark County, No. 2005-CA-00123, 2005-Ohio-6953. LUNDBERG STRATTON, J. {¶ 1} We must decide whether the city of North […]
AL POST 763 v. OHIO LIQUOR CONTROL COMM., 82 Ohio St.3d 108 (1998)
694 N.E.2d 905 AL POST 763, APPELLEE, v. OHIO LIQUOR CONTROL COMMISSION, APPELLANT. VFW POST 4235, APPELLEE, v. OHIO LIQUOR CONTROL COMMISSION, APPELLANT. VFW POST 4615, APPELLEE, v. OHIO LIQUOR CONTROL COMMISSION, APPELLANT. AL POST 0184, APPELLEE, v. OHIO LIQUOR CONTROL COMMISSION, APPELLANT. Nos. 96-1269, 96-1572, 96-1575 and 96-2797Supreme Court of Ohio.Submitted February 18, 1998 […]
VAN WERT NATL. BK. v. ROOS, 134 Ohio St. 359 (1938)
17 N.E.2d 651 THE VAN WERT NATIONAL BANK, APPELLEE v. ROOS ET AL., APPELLANTS. No. 26974Supreme Court of Ohio. Decided November 16, 1938. Suretyship — Contract for public improvement — Statutory provisions, although omitted, read into and deemed part of bond — Assignment of proceeds, not material alteration relieving surety, when. 1. A contractor’s bond, […]
IN RE RESIGNATION OF SAUTER, 73 Ohio St.3d 1209 (1995)
654 N.E.2d 350 IN RE RESIGNATION OF SAUTER. No. 95-1383Supreme Court of Ohio.Submitted July 26, 1995 — Decided July 27, 1995. ON AFFIDAVIT OF RESIGNATION. The resignation as an attorney of Mark Stephen Sauter of Cincinnati, Ohio, Attorney Registration No. 0033014, is accepted. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
MUSKINGUM CTY. v. GREENBERGER, Unpublished Decision (3-8-2006)
2006-Ohio-962 Muskingum Cty. Grievance Commt. No. 2005-1154.Supreme Court of Ohio. March 8, 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. 03-105. Bruce L. Greenberger, Attorney Registration No. 0023820, is suspended from the practice […]
COMPLIENT CORP. v. HUTCHINS, 110 Ohio St.3d 1439 (2006)
2006-Ohio-3862, 852 N.E.2d 188 Complient Corp. v. Hutchins. 2006-0741.Supreme Court of Ohio. August 2, 2006. Cuyahoga App. No. 87822. RESNICK, J., dissents.
GANU v. WILLOW BROOK CHRISTIAN COMM., 108 Ohio St.3d 296 (2006)
2006-Ohio-907, 843 N.E.2d 182 The State ex rel. Ganu et al., Appellees, v. Willow Brook Christian Communities, Appellant. No. 2005-1116.Supreme Court of Ohio.Submitted November 29, 2005. Decided March 15, 2006. APPEAL from the Court of Appeals for Franklin County, No. 04AP-331, 2005-Ohio-2296. PER CURIAM. {¶ 1} This is an appeal from the grant of a […]
BOWEN v. KIL-KARE, INC., 63 Ohio St.3d 84 (1992)
585 N.E.2d 384 BOWEN ET AL., APPELLANTS, v. KIL-KARE, INC. ET AL., APPELLEES. No. 90-2187Supreme Court of Ohio.Submitted November 12, 1991 — Decided February 26, 1992. CERTIFIED by the Court of Appeals for Greene County, No. 89CA84. On May 31, 1987, appellant William T. Bowen (“Bowen”) was a participant in an automobile race at Kil-Kare […]
DISCIPLINARY COUNSEL v. JOHNSON, 2006-1197 (5-16-2007)
2007-Ohio-2208 Disciplinary Counsel v. Johnson, 2007-Ohio-2074. No. 2006-1197.Supreme Court of Ohio. May 16, 2007. MERIT DECISIONS WITH OPINIONS On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-080. Bryan Bright Johnson, Attorney Registration No. 0003981, is suspended from the practice of law in Ohio for one year, with six months stayed […]
MOTION DOCKET, 57 Ohio St.3d 709 (1991)
566 N.E.2d 680-683Supreme Court of Ohio. 1991. MOTION DOCKET Wednesday, January 23, 1991 90-424. Litton Industrial Products, Inc. v. Limbach. Board of Tax Appeals, No. 87-G-187. On motion for leave to file amicus of JTO, Inc. Motion denied. Holmes and Wright, JJ., dissent. 90-1030. Grover v. Eli Lilly Co. Certified Question of State Law, No. […]
TOLEDO v. PUB. UTIL. COMM., 135 Ohio St. 57 (1939)
19 N.E.2d 162 CITY OF TOLEDO, APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 27315Supreme Court of Ohio. Decided February 1, 1939. Public Utilities Commission — Abandonment of railroad main track or tracks — Sections 504-2 and 504-3, General Code — Inapplicable to spur or side track — Legislative intent determined from Senate journal. […]
CINCINNATI BAR ASSN. v. ARNOLD, Unpublished Decision (3-31-1999)
Cincinnati Bar Association v. Arnold. No. 98-2663.Supreme Court of Ohio.Submitted February 10, 1999. Decided March 31, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Attorneys at law — Misconduct — Indefinite suspension with credit for time served — Misappropriation of client funds. On Certified Report by the Board of Commissioners […]
STATE v. VAILS, 22 Ohio St.2d 103 (1970)
258 N.E.2d 225 THE STATE OF OHIO, APPELLEE, v. VAILS, APPELLANT. No. 69-513Supreme Court of Ohio. Decided April 29, 1970. Criminal procedure — First degree murder — Voir dire examination of prospective jurors — Challenge for cause — Juror’s contradictory answers to questions — Preconceived opinion — Evidence — Premeditated malice — Conflicting testimony. APPEAL […]
COL. MOTOR EXPRESS v. P. U. C., 126 Ohio St. 11 (1932)
183 N.E. 782 COLUMBUS MOTOR EXPRESS, INC. v. PUBLIC UTILITIES COMMISSION OF OHIO. No. 23615Supreme Court of Ohio. Decided December 14, 1932. Public Utilities Commission — Motor transportation companies — Transfer of certificate — Sufficiency of publication of notice — Power of commission to waive its regulations — Certificate owners may not yield operative rights […]
LOBDELL v. LOBDELL, Unpublished Decision (11-23-2005)
2005-Ohio-6124, 2005-Ohio-5974 Lobdell v. Lobdell. No. 2005-0386.Supreme Court of Ohio. November 23, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Licking App. No. 2004 CA 0036, 2005-Ohio-80. Sua sponte, cause dismissed as having been improvidently accepted. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, […]
STATE v. EWING, 87 Ohio St.3d 1421 (1999)
717 N.E.2d 1107 State v. Ewing. No. 99-1054.Supreme Court of Ohio. October 20, 1999. Lorain App. No. 97CA006944. Reported at 86 Ohio St.3d 1475, 715 N.E.2d 576. On motion for reconsideration. Motion denied. Moyer, C.J., dissents.
CINCINNATI, EX REL. CROTTY, v. CINCINNATI, 50 Ohio St.2d 27 (1977)
361 N.E.2d 1340 CITY OF CINCINNATI, EX REL. CROTTY ET AL., APPELLEES, v. CITY OF CINCINNATI ET AL., APPELLANTS. No. 76-795Supreme Court of Ohio. Decided April 20, 1977. Environmental protection — Director’s order to fluoridate municipally-owned water supply — Review procedure — Claims of danger to health. APPEAL from the Court of Appeals for Hamilton […]
STATE, EX REL. BROWN, v. INDUS. COMM., 37 Ohio St.3d 162 (1988)
524 N.E.2d 482 THE STATE, EX REL. FRANK BROWN SONS, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 86-2028Supreme Court of Ohio.Submitted March 1, 1988 — Decided June 15, 1988. Workers’ compensation — Collapse of scaffold — Employee’s unilateral negligence precludes finding of VSSR liability — No duty of employer of constant […]
LAGER v. MILLER-GONZALEZ, 120 Ohio St.3d 47 (2008)
2008-Ohio-4838, 896 N.E.2d 666 LAGER, APPELLEE, v. MILLER-GONZALEZ ET AL.; NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, APPELLANT. Nos. 2007-1760 and 2007-1762.Supreme Court of Ohio.Submitted June 3, 2008. Decided October 1, 2008. APPEAL from and CERTIFIED by the Court of Appeals for Lucas County, No. L-07-1022, 2007-Ohio-4094. O’CONNOR, J. {¶ 1} In this wrongful-death case, we address […]
HUDSON CITY SCHOOL v. SUMMIT CTY. BD., 116 Ohio St.3d 1419 (2007)
2007-Ohio-6329 Hudson City School Dist. Bd. of Edn. v. Summit Cty. Bd. of Revision. No. 2007-2181.Supreme Court of Ohio. November 30, 2007. MEDIATION REFERRALS Board of Tax Appeals, No. 2005-M-1566. The following case has been referred to mediation pursuant to S.Ct.Prac. R. XIV(6):
BENTON v. CUYAHOGA METRO. HOUS. AUTH., 91 Ohio St.3d 206 (2001)
743 N.E.2d 917 Benton, Appellee, v. Cuyahoga Metropolitan Housing Authority et al., Appellants. No. 00-1134.Supreme Court of Ohio.Submitted February 28, 2001. Decided March 28, 2001. Appeal by the Court of Appeals for Cuyahoga County, No. 76508. The judgment of the court of appeals is affirmed on the authority o Stevens v. Ackman (2001), 91 Ohio […]
STATE, EX REL. COTTERMAN, v. ST. MARYS FOUNDRY, 46 Ohio St.3d 42 (1989)
544 N.E.2d 887 THE STATE, EX REL. COTTERMAN, APPELLANT, v. ST. MARYS FOUNDRY ET AL., APPELLEES. No. 86-387Supreme Court of Ohio.Submitted June 26, 1989 — Decided October 11, 1989. Workers’ compensation — Compliance with specific safety requirement — Ultimate responsibility remains with the employer, not with supervisory employee. O.Jur 2d Workmen’s Compensation § 121. An […]
MERIT DOCKET, 82 Ohio St.3d 1472 (1998)
696 N.E.2d 601Supreme Court of Ohio. 1998. MERIT DOCKET Wednesday, July 15, 199898-939. State ex rel. Graham v. McMonagle. In Procedendo. Sua sponte, cause dismissed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. 98-988. Litman v. Irving. In Procedendo. On motion to dismiss. Motion to dismiss sustained. Cause dismissed. MOYER, […]
MOTION DOCKET, 90 Ohio St.3d 1437 (2000)
736 N.E.2d 900Supreme Court of Ohio. 2000. MOTION DOCKET ANNOUNCEMENT, FRIDAY, October 13, 2000 98-552. State v. Smith. Lucas App. No. L-94-093. Upon consideration of the motion filed by counsel for appellant to stay the execution of sentence in the above-styled cause pending the timely filing of a petition for a writ of certiorari in […]
STATE v. LATHER, 2007-1189 (10-2-2007)
2007-Ohio-5231 State v. Lather. No. 2007-1189.Supreme Court of Ohio. October 2, 2007. APPEALS NOT ACCEPTED FOR REVIEW Sandusky App. No. S-03-008, 2007-Ohio-2399. Page 12
CLEVELAND BAR ASSN. v. STEIN, 29 Ohio St.2d 77 (1972)
278 N.E.2d 670 CLEVELAND BAR ASSOCIATION v. STEIN. D.D. No. 71-4Supreme Court of Ohio. Decided February 9, 1972. Attorneys at law — Misconduct — Indefinite suspension from practice — Acts warranting — Failure to file income tax returns. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline. William H. Stein, the respondent […]
MISCELLANEOUS DISMISSALS, 79 Ohio St.3d 1412 (1997)
679 N.E.2d 1138, 1139Supreme Court of Ohio. 1997. MISCELLANEOUS DISMISSIALS Friday, June 6, 199797-721. State ex rel. Price v. Whitmore. Summit App. No. 18048. This cause is pending before the court as an appeal from the Court of Appeals for Summit County. It appears from the records of this court that appellant has not filed […]
STATE v. MARKOWITZ, 137 Ohio St. 550 (1941)
31 N.E.2d 88 THE STATE OF OHIO, APPELLEE v. MARKOWITZ, APPELLANT.[*] No. 28419Supreme Court of Ohio. Decided January 15, 1941. [*] Reporter’s Note: For a subsequent opinion in this case see State v. Markowitz, 138 Ohio St. 106. Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Misconduct of counsel […]
COOPER FARMS v. BROWN OF OHIO, 113 Ohio St.3d 1443 (2007)
2007-Ohio-1266 Cooper Farms, Inc. v. Brown Brown of Ohio, Inc. No. 2006-2388.Supreme Court of Ohio. March 28, 2007. Van Wert App. No. 15-06-02, 2006-Ohio-5982. Appeals not Accepted for Review Discretionary appeal not accepted. PFEIFER, J., dissents. On motion for admission pre hac vice of Michael E. Brown and Mark D. Gerth by Todd M. Zimmerman, […]
BAZELL v. CINCINNATI, 13 Ohio St.2d 63 (1968)
233 N.E.2d 864 BAZELL, APPELLANT v. CITY OF CINCINNATI ET AL, APPELLEES. HAMILTON COUNTY, OHIO, APPELLEE v. CLOUD, AUDITOR OF STATE, ET AL.; KELLEY ET AL., APPELLANTS. Nos. 41118 and 41386Supreme Court of Ohio. Decided January 24, 1968. Municipal corporations — Powers of charter city — “Public municipal purpose” — What constitutes — Determination of, […]
HARTER HOLDING CO. v. PERKINS, 139 Ohio St. 558 (1942)
41 N.E.2d 251 HARTER HOLDING Co., APPELLEE v. PERKINS ET AL.; MCCULLOCH, APPELLANT. No. 29069Supreme Court of Ohio. Decided April 1, 1942. Supreme Court — Dismissal — No debatable constitutional question involved — Bank in process of liquidation — Resumed business under plan consented to by majority of stockholders and depositors — Plan approved by […]
RECONSIDERATION DOCKET, 74 Ohio St.3d 1491 (1996)
658 N.E.2d 787, 788Supreme Court of Ohio. 1996. RECONSIDERATION DOCKET Thursday, January 4, 1996 95-1703. Nehls v. Quad K. Advertising. Cuyahoga County, No. 67358. Reported at 74 Ohio St.3d 1462, 656 N.E.2d 1298, and 74 Ohio St.3d 1485, 657 N.E.2d 1378. Nunc pro tunc, the announcement of December 20, 1995 is corrected to reflect the […]
STARK COUNTY BAR ASSN. v. MAROSAN, 106 Ohio St.3d 430 (2005)
2005-Ohio-5412, 835 N.E.2d 718 STARK COUNTY BAR ASSOCIATION ET AL. v. MAROSAN. No. 2005-0818.Supreme Court of Ohio.Submitted June 15, 2005. Decided October 26, 2005. Page 431 On Certified Report by the Board of Commissioners on Grievances and Discipline of the Supreme Court, Nos. 04-044 and 04-049. PER CURIAM. {¶ 1} Respondent, Joseph Eugene Marosan, of […]
STATE v. ISSA, 86 Ohio St.3d 1464 (1999)
715 N.E.2d 566 State v. Issa. No. 98-2449.Supreme Court of Ohio. Announcement: September 1, 1999. Hamilton C.P. No. B9709438. On motion for admission pro hac vice of Thomas H. Speedy Rice by Martin S. Pinales. Motion granted.
WELLS FARGO BANK, N.A. v. ISAACS, 128 Ohio St.3d 1447 (2011)
2011-Ohio-1618, 944 N.E.2d 695 Wells Fargo Bank, N.A. v. Isaacs. No. 2011-0075.Supreme Court of Ohio. April 6, 2011. Hamilton App. No. C-100111, 2010-Ohio-5811. Appeals not Accepted for Review.
STATE v. DANIELS, 106 Ohio St.3d 1531 (2005)
2005-Ohio-5146, 835 N.E.2d 381 State v. Daniels. 2005-1020.Supreme Court of Ohio. October 5, 2005. Putnam App. No. 12-04-07, 2005-Ohio-1920. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. II; 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. […]
MISCELLANEOUS DISMISSALS, 76 Ohio St.3d 1429 (1996)
667 N.E.2d 412-415Supreme Court of Ohio. 1996. MISCELLANEOUS DISMISSIALS Tuesday, July 23, 1996 96-1163. State ex rel. Nelson McCoy Pottery v. Wilson Franklin County, No. 95APD03-306. 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 […]
STATE v. BASTON, Unpublished Decision (5-12-1999)
The State of Ohio, Appellee, v. Baston, Appellant. No. 97-2204.Supreme Court of Ohio.Submitted January 27, 1999. Decided May 12, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Criminal law — Aggravated murder — Death penalty upheld, when. Appeal from the Court of Appeals for Lucas County, No. L-95-087. Johnny Baston, […]
DISMISSALS, SUA SPONTE, 70 Ohio St.3d 1409 (1994)
637 N.E.2d 7Supreme Court of Ohio. 1994. DISMISSALS, SUA SPONTE, NO SUBSTANTIAL CONSTITUTIONAL QUESTIONAND DISCRETIONARY APPEALS NOT ALLOWED 94-1003. Gullia v. Gullia. Cuyahoga County, Nos. 60335, 60498 and 61704. 94-1013. Grava v. Parkman Twp. Geauga County, No. 93-G-1775.
CLARK v. CLARK, 103 Ohio St.3d 1493 (2004)
2004-Ohio-5605 Clark v. Clark. No. 2004-1179.Supreme Court of Ohio. October 27, 2004. Portage App. No. 2003-P-0119, 2004-Ohio-2929. MOYER, C.J., RESNICK and PFEIFER, JJ., dissent.
STATE v. TELEGRAPH CO., 154 Ohio St. 511 (1951)
97 N.E.2d 2 THE STATE OF OHIO, APPELLANT v. THE WESTERN UNION TELEGRAPH CO., APPELLEE. No. 32250Supreme Court of Ohio. Decided February 14, 1951. Public utilities — Substitution of service — May or may not involve abandonment — Sections 504-2 and 504-3, General Code — Not an abandonment, when — Proceeding to enjoin action by […]
ADMINISTRATIVE DOCKET, 89 Ohio St.3d 1404 (2000)
728 N.E.2d 1090Supreme Court of Ohio. 2000. ADMINISTRATIVE DOCKET 1. Amendments to Sections 3, 7, 9, 10, 11-19, and 20 of the Rules and Regulations Governing Procedure on Complaints and Hearings before the Board of Commissioners on Grievances and Discipline of the Supreme Court were adopted. Page 1405
STATE v. VILD, 115 Ohio St.3d 1411 (2007)
2007-Ohio-4884 State v. Vild. No. 2007-0930.Supreme Court of Ohio. September 26, 2007. Cuyahoga App. Nos. 87742 and 87965, 2007-Ohio-987. APPEALS NOT ACCEPTED FOR REVIEW. MOYER, C.J., and O’DONNELL and LANZINGER, JJ., dissent and would accept the appeal on Proposition of Law Nos. I, III, IV, and V.
IN RE ADAMS, 111 Ohio St.3d 1422 (2006)
2006-Ohio-5314 In re Adams. No. 2006-1695.Supreme Court of Ohio. October 12, 2006. Cuyahoga App. No. 87881. MOTION AND PROCEDURAL RULINGS This cause is pending before the court as an appeal involving termination of parental rights/adoption. Upon consideration of appellant’s motion for stay of the court of appeals’ judgment, It is ordered by the court that […]
DISCRETIONARY APPEALS ALLOWED, 77 Ohio St.3d 1422 (1996)
670 N.E.2d 999 — 1009Supreme Court of Ohio. 1996. DISCRETIONARY APPEALS ALLOWED Wednesday, October 23, 199696-1211. Jim’s Steak House v. Cleveland. Cuyahoga App. Nos. 68456 and 68506. PFEIFER, J., dissents. 96-1447. Burgos v. Areway, Inc. Cuyahoga App. No. 69447. MOYER, C.J., COOK and STRATTON, JJ., dissent. 96-1509. Didier v. Johns. Montgomery App. No. 15602. MOYER, […]
BOB DANIELS BUICK CO. v. GEN. MOTORS CORP., 84 Ohio St.3d 1458 (1999)
703 N.E.2d 1283 Bob Daniels Buick Co. v. Gen. Motors Corp. No. 98-2529.Supreme Court of Ohio. January 7, 1999. Appeal from the Franklin App. No. 97APE12-1701. This cause is pending before the court as a discretionary appeal and a claimed appeal of right. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the […]
TRANS. CONST. CO. v. YOUNGSTOWN, 176 Ohio St. 209 (1964)
198 N.E.2d 661 FRIEDMAN TRANSFER CONSTRUCTION CO., APPELLANT v. CITY OF YOUNGSTOWN, APPELLEE. No. 38223Supreme Court of Ohio. Decided May 6, 1964. Easements — Conveyance to Department of Highways — Easement for bridge over land within city — City’s installation of water pipes on bridge — Not additional burden on abutting property. The rule, that […]
MOTION DOCKET, 74 Ohio St.3d 1425 (1995)
655 N.E.2d 1310, 1311Supreme Court of Ohio. 1995. MOTION DOCKET Monday, October 23, 1995 94-1102. Schoenrade v. Tracy. Board of Tax Appeals, No. 91-X-1365. On October 2, 1995, appellee filed a notice of waiver of oral argument. To the extent that appellee’s notice contains additional argument related to the merits of the case, it violates […]
STATE, EX REL. v. HOWARD, 121 Ohio St. 607 (1929)
172 N.E. 373 THE STATE, EX REL. CLIFTON, DIRECTOR OF EDUCATION v. HOWARD ET AL. No. 21743Supreme Court of Ohio. Decided June 12, 1929. Schools — State equalization fund — Application therefor granted by director of education — Mandamus to compel levy in compliance therewith. IN MANDAMUS. Mr. Gilbert Bettman, attorney general, and Mr. Charles […]
MISCELLANEOUS DOCKET, 79 Ohio St.3d 1423 (1997)
680 N.E.2d 154Supreme Court of Ohio. 1997. MISCELLANEOUS DOCKET Wednesday, June 18, 1997 In re Report of the Commission : 1997 TERM on Continuing Legal Education. : Robert James Amsdell (#0033512), Respondent. : ENTRY This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the “commission”) […]
IN RE BURRELL, 58 Ohio St.2d 37 (1979)
388 N.E.2d 738 IN RE BURRELL ET AL., ALLEGED DEPENDENT MINORS. No. 78-1036Supreme Court of Ohio. Decided April 25, 1979. Juvenile Court — Dependent child — Finding not warranted, when — R.C. 2151.04 applied erroneously. APPEAL from the Court of Appeals for Franklin County. On October 9, 1977, the Franklin County Children Services Board filed […]
APPLETON PAPERS, INC. v. ALLIS-CHALMERS CORP., 61 Ohio St.3d 160 (1991)
573 N.E.2d 1068 APPLETON PAPERS, INC., APPELLANT, v. ALLIS-CHALMERS CORPORATION ET AL., APPELLEES. No. 90-1484Supreme Court of Ohio.Submitted April 23, 1991 — Decided July 24, 1991. APPEAL from the Court of Appeals for Montgomery County, No. CA 11866. Pickrel, Schaeffer Ebeling and William L. Havemann, for appellant. Jenks, Surdyk Cowdrey and Thomas L. Czechowski, for […]