BLANKENSHIP v. ALTER, 171 Ohio St. 65 (1960)

167 N.E.2d 922 BLANKENSHIP, APPELLEE v. ALTER, ARCHIBISHOP, TRUSTEE, APPELLANT. No. 36358Supreme Court of Ohio. Decided June 1, 1960. Negligence — Charitable institutions — Liability — Operation of business enterprise for profit — Not directly related to charitable purpose. 1. Immunity from civil liability for negligence accorded to charitable institutions, including religious organizations, depends upon […]

Read More

STATE EX REL. RASHAD v. WILKINSON, 87 Ohio St.3d 1458 (1999)

State ex rel. Rashad v. Wilkinson. No. 99-1822.Supreme Court of Ohio. December 8, 1999. MERIT DOCKET In Mandamus. On answer of respondent. Answer treated as motion to dismiss. Motion to dismiss sustained. Cause dismissed. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Read More

STATE v. CREACHBAUM, 28 Ohio St.2d 116 (1971)

276 N.E.2d 240 THE STATE OF OHIO, APPELLANT, v. CREACHBAUM, APPELLEE. No. 70-647Supreme Court of Ohio. Decided December 1, 1971. Criminal law — Fraud — Issuing check on insufficient funds — Intent to defraud lacking, when — R.C. 1115.23 — Evidence. Where a bank president accepts checks written on an account which he knows does […]

Read More

IN RE ELECTION OF NOV. 6, 1990, 62 Ohio St.3d 1 (1991)

577 N.E.2d 343 IN RE ELECTION OF NOVEMBER 6, 1990 FOR THE OFFICE OF ATTORNEY GENERAL OF OHIO. No. 90-2544Supreme Court of Ohio.Submitted April 10, 1991 — Decided August 21, 1991. ON MOTION FOR COSTS. ON APPLICATION FOR RETURN OF BOND. Thompson, Hine Flory, William C. Wilkinson, Gordon M. Strauss, Elizabeth B. Wright and Julie […]

Read More

DONER v. LOGAN, 123 Ohio St.3d 1466 (2009)

2009-Ohio-5774 State ex rel. Doner v. Logan. No. 2009-1292.Supreme Court of Ohio. November 3, 2009. In Mandamus. Motion and Procedural Rulings. This cause originated in this court on the filing of a complaint for a writ of mandamus. In an entry filed October 23, 2009, the court appointed a master commissioner for the limited purpose […]

Read More

DABKOWSKI v. BAUMANN, 175 Ohio St. 89 (1963)

191 N.E.2d 809 DABKOWSKI ET AL., APPELLANTS v. BAUMANN, AUD., APPELLEE. No. 37639Supreme Court of Ohio. Decided June 26, 1963. Municipal corporations — Annexation of territory — Proceeding before Board of County Commissioners — Discretionary power of board — Petition for annexation — Power of petitioners’ agent to amend before board. 1. An agent, duly […]

Read More

CLEVELAND BAR ASSOC. v. BERK, 114 Ohio St.3d 478 (2007)

2007-Ohio-4264, 873 N.E.2d 285 CLEVELAND BAR ASSOCIATION v. BERK. No. 2007-0737.Supreme Court of Ohio.Submitted June 6, 2007. Decided August 29, 2007. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 06-043. Per Curiam. {¶ 1} Respondent, Robert Jerome Berk of Cleveland, Ohio, Attorney Registration No. 0001031, was […]

Read More

ILLING v. QUALEX INC., 118 Ohio St.3d 1415 (2008)

2008-Ohio-2540 State ex rel. Illing v. Qualex Inc. No. 2008-0865.Supreme Court of Ohio. May 29, 2008. Franklin App. No. 07AP-178, 2008-Ohio-1724. MEDIATION REFERRALS. The following cases have been referred to mediation pursuant to S.Ct.Prac. R. XIV(6):

Read More

SUDIA v. DIETRICH, 6 Ohio St.2d 160 (1966)

216 N.E.2d 882 SUDIA, APPELLEE v. [THE HILL CORP.][*] AND DIETRICH, APPELLANT. No. 39468Supreme Court of Ohio. Decided May 18, 1966. [*] The defendant, The Hill Corporation, was not a party to the appeal in this court, which overruled Sudia’s motion to certify the record for a cross-appeal from the judgment of the Court of […]

Read More

STATE EX REL. CARTER v. PENSKE TRUCK, 94 Ohio St.3d 208 (2002)

761 N.E.2d 622 State ex rel. Carter, Appellant, v. Penske Truck Leasing, Inc. et al. Appellees. No. 01-649.Supreme Court of Ohio.Submitted January 9, 2002. Decided February 6, 2002. Appeal from the Court of Appeals for Franklin County, No. 00AP-512. Per Curiam. Appellant-claimant Sammie L. Carter received temporary total disability compensation (“TTC”) following a 1989 work-related […]

Read More

MISCELLANEOUS DISMISSALS, 59 Ohio St.3d 703 (1991)

571 N.E.2d 129-138Supreme Court of Ohio. 1991. MISCELLANEOUS DISMISSIALS Monday, April 8, 1991 90-498. State, ex rel. Jackson, v. Indus. Comm. Franklin County, No. 89AP-136. Cause dismissed, on application to dismiss of the Industrial Commission, effective April 4, 1991. 90-553. State, ex rel. Apel, v. Indus. Comm. Franklin County, No. 89AP-530. Cause dismissed, on application […]

Read More

ERIE LACKAWANNA RY. CO. v. PUB. UTIL. COMM., 27 Ohio St.2d 227 (1971)

271 N.E.2d 806 ERIE LACKAWANNA RY. CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 70-708Supreme Court of Ohio. Decided July 14, 1971. Railroads — Train equipment — R.C. 4963.21 — Construction of caboose cars — Cars not having required features — Order of Public Utilities Commission prohibiting use, unlawful, when — In yard […]

Read More

STATE v. HOOPER, 2011-0412 (11-9-2011)

2011-Ohio-5716 The State of Ohio, Appellee, v. Hooper, Appellant. No. 2011-0412.Supreme Court of Ohio.Submitted November 2, 2011. Decided November 9, 2011. APPEAL from the Court of Appeals for Montgomery County, No. 22883. Matthias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Carly J. Ingram, Assistant Prosecuting Attorney, for appellee. Timothy Young, Ohio Public Defender, and […]

Read More

MISCELLANEOUS DISMISSALS, 81 Ohio St.3d 1504 (1998)

691 N.E.2d 1063Supreme Court of Ohio. 1998. MISCELLANEOUS DISMISSIALS Wednesday, April 1, 199897-987. Trubee v. Ohio Expositions Comm. Franklin App. No. 96APD05-705. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the court that the […]

Read More

HARA v. MNTGMRY. CTY. JNT. VCNL. SCH. DIST., 75 Ohio St.3d 60 (1996)

661 N.E.2d 711 HARA, APPELLANT AND CROSS-APPELLEE, v. MONTGOMERY COUNTY JOINT VOCATIONAL SCHOOL DISTRICT, APPELLEE AND CROSS-APPELLANT. Nos. 94-2684 and 95-49Supreme Court of Ohio.Submitted January 9, 1996 — Decided March 4, 1996. APPEAL and CROSS-APPEAL from and CERTIFIED by the Court of Appeals for Montgomery County, Nos. 13636 and 13937. Teachers are employed pursuant to […]

Read More

MOTION DOCKET, 89 Ohio St.3d 1486 (2000)

734 N.E.2d 374Supreme Court of Ohio. 2000. MOTION DOCKET Announcement Tuesday August 29, 200000-266. State v. Burnett. Hamilton App. No. C-981003. This cause is pending before the court as an appeal from the Court of Appeals for Hamilton County. Upon consideration of appellee’s motion to participate in oral argument scheduled for November 29, 2000, IT […]

Read More

STATE v. STOJETZ, 86 Ohio St.3d 1454 (1999)

714 N.E.2d 932 State v. Stojetz. No. 97-1111.Supreme Court of Ohio, Columbus. August 18, 1999. Madison C.P. No. 96CR10086. This cause came on for further consideration upon appellant’s application for reopening under S.Ct.Prac.R. XI(5). Upon consideration thereof, IT IS ORDERED by the court that the application for reopening under S.Ct.Prac.R. XI(5) be, and hereby is, […]

Read More

AIR-RIDE, INC. v. DHL EXPRESS (USA), INC., 121 Ohio St.3d 1483 (2009)

2009-Ohio-2274 Air-Ride, Inc. v. DHL Express (USA), Inc. No. 2008-2410.Supreme Court of Ohio. May 15, 2009. Clinton App. No. CA2008-01-001, 2008-Ohio-5669. MISCELLANEOUS DISMISSALS This cause is pending before the court as an appeal from the Court of Appeals for Clinton County. Upon consideration of appellant’s application for dismissal, It is ordered by the court that […]

Read More

OHIO EDISON CO. v. MAYFIELD, 20 Ohio St.3d 69 (1985)

485 N.E.2d 715 OHIO EDISON COMPANY, APPELLEE, v. MAYFIELD, ADMR.; INTRIERI, APPELLANT. No. 85-308Supreme Court of Ohio. Decided November 27, 1985. Workers’ compensation — Appellate procedure — Overruling of motion to dismiss an R.C. 4123.519 appeal is not a final, appealable order. CERTIFIED by the Court of Appeals for Mahoning County. On February 26, 1976, […]

Read More

SIMMERER v. DABBAS, 89 Ohio St.3d 586 (2000)

733 N.E.2d 1169 Simmerer et al., Appellants, v. Dabbas, Appellee, et al. No. 99-1570.Supreme Court of Ohio.Submitted May 10, 2000. Decided September 6, 2000. Appeal from the Court of Appeals for Summit County, No. 18718. Following the birth of their second child, appellants, James and Theresa Simmerer, decided that Theresa would undergo a permanent sterilization […]

Read More

WATSON v. WOLFE, 114 Ohio St.3d 1474 (2007)

2007-Ohio-3699 Watson v. Wolfe. No. 2007-0947.Supreme Court of Ohio. July 25, 2007. Appeal from the In Habeas Corpus. Merit Decisions Without Opinions. On petition for writ of habeas corpus of James R. Watson Jr. Sua sponte, cause dismissed. MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER and CUPP, JJ., concur.

Read More

CONNEAUT TELEPHONE CO. v. PUB. UTIL. COMM., 10 Ohio St.2d 269 (1967)

227 N.E.2d 409 THE CONNEAUT TELEPHONE CO., APPELLANT v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. No. 40467Supreme Court of Ohio. Decided June 14, 1967. Appeal — From Public Utilities Commission to Supreme Court — Grounds considered — Only those specifically named in application for rehearing before commission. APPEAL from the Public Utilities Commission. The appellant, […]

Read More

REYNOLDSBURG CITY SCHOOL DIST. v. LICKING HTS., 2011-1919 (12-6-2011)

2011-Ohio-6228 Reynoldsburg City School Dist. Bd. of Edn. v. Licking Hts. Local School Dist. Bd. of Edn. No. 2011-1919.Supreme Court of Ohio. December 6, 2011. MOTION AND PROCEDURAL RULING Franklin App. No. 11AP-173, 2011-Ohio-5063. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellee’s motion […]

Read More

STATE, EX REL. v. GILLEN, 112 Ohio St. 534 (1925)

148 N.E. 86 THE STATE, EX REL. GETTLES v. GILLEN. No. 18925Supreme Court of Ohio. Decided May 19, 1925. Mayors — Office not forfeited by membership in General Assembly. A mayor of a municipality who is elected to membership in the General Assembly, and qualifies and discharges the duties of such office, but nevertheless continues […]

Read More

READING v. PUB. UTIL. COMM., Unpublished Decision (5-17-2006)

2006-Ohio-2358 Reading v. Pub. Util. Comm., 2006-Ohio-2181. No. 2005-0245.Supreme Court of Ohio. May 17, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Public Utilities Commission, No. 02-589-RR-UNC. Order affirmed. Moyer, C.J., Resnick, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Pfeifer J., concurs in judgment only.

Read More

DISCIPLINARY DOCKET, Unpublished Decision (11-2-2001)

DISCIPLINARY DOCKETSupreme Court of Ohio. November 2, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] 98-399. Disciplinary Counsel v. Brown. On amended petition for reinstatement. Petition granted. 01-1320. Disciplinary Counsel v. Witt. On Certified Order of the Statewide Grievance Committee of Connecticut, Grievance Complaint No. 99-0883. Otto P. Witt is […]

Read More

MISCELLANEOUS DISMISSALS, 98 Ohio St.3d 1533 (2003)

786 N.E.2d 897Supreme Court of Ohio. 2003. MISCELLANEOUS DISMISSALS Case Announcements and Administrative Actions April 15, 20032003-0038. Goodlett v. Ohio Cas. Group. Butler App. No. CA2002-04-090. This cause is pending before the court as an appeal from the Court of Appeals for Butler County. Upon consideration of the joint application for dismissal, IT IS ORDERED […]

Read More

CLEVELAND METRO. BAR ASSN. v. VENEZIANO, 128 Ohio St.3d 1421 (2011)

2011-Ohio-1104, 943 N.E.2d 569 Cleveland Metro. Bar Assn. v. Veneziano. No. 2008-0824.Supreme Court of Ohio. March 11, 2011. Disciplinary Cases. On February 3, 2011, respondent, Anne Veneziano, filed an application for termination of probation. Upon consideration thereof, the court finds that respondent has substantially complied with Gov.Bar R. V(9)(D) and with its order dated December […]

Read More

STATE v. MUTTER, 117 Ohio St.3d 536 (2008)

2008-Ohio-1591, 885 N.E.2d 240 THE STATE OF OHIO, APPELLANT, v. MUTTER, APPELLEE. Nos. 2007-0637 and 2007-0639.Supreme Court of Ohio.Submitted March 12, 2008. Decided April 9, 2008. APPEAL from and CERTIFIED by the Court of Appeals for Montgomery County, No. 21374, 171 Ohio App.3d 563, 2007-Ohio-1052. {¶ 1} The certified question is answered in the affirmative […]

Read More

VANDALIA-BUTLER CITY S. v. MONTGOMERY CTY. BOARD, 95 Ohio St.3d 462 (2002)

768 N.E.2d 1175 Board of Education of the Vandalia-Butler City School District, Appellant, v. Montgomery County Board of Revision et al., Appellees. Nos. 2001-0948 and 2001-0949.Supreme Court of Ohio.Submitted March 12, 2002. Decided June 12, 2002. Appeals from the Board of Tax Appeals, Nos. 98-M-1013 and 98-M-1014. The judgment of this court in case No. […]

Read More

HOLLADAY CORP. v. PUB. UTIL. COMM., 61 Ohio St.2d 335 (1980)

402 N.E.2d 1175 HOLLADAY CORPORATION, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES. No. 79-659Supreme Court of Ohio. Decided March 26, 1980. Public Utilities Commission — Electric companies — Rates and charges — Alleged discrimination — Commission’s construction of tariff — Not reversed, when. The Supreme Court will not reverse an order of […]

Read More

MOTION AND PROCEDURAL RULINGS, 99 Ohio St.3d 1530 (2003)

2003-Ohio-4549, 794 N.E.2d 682Supreme Court of Ohio. 2003. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions August 28, 20032003-0796. Giles v. Simonds. Columbiana App. No. 02-CO-18, 2003-Ohio-1428. This cause is pending before the court as a discretionary appeal. On May 5, 2003, appellant filed a notice that a motion to certify a conflict was […]

Read More

HOLCOMB v. HOLCOMB, 44 Ohio St.3d 128 (1989)

541 N.E.2d 597 HOLCOMB, APPELLANT, v. HOLCOMB, APPELLEE. No. 88-381Supreme Court of Ohio.Submitted March 15, 1989 — Decided July 26, 1989. Domestic relations — Divorce and alimony — Vested pension plan accumulated during marriage is marital asset and must be considered in conjunction with other factors listed under R.C. 3105.18 in dividing marital assets and […]

Read More

DISCIPLINARY COUNSEL v. BONECUTTER, Unpublished Decision (5-18-2006)

2006-Ohio-2433 Disciplinary Counsel v. Bonecutter. No. 2006-0433.Supreme Court of Ohio. May 18, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] DISCIPLINARY CASES On Certified Order of the Supreme Court of South Carolina. Dane Bonecutter, Attorney Registration. No. 0037237, is suspended from the practice of law in Ohio until further order […]

Read More

STATE EX REL. BOYLEN v. HARMON, Unpublished Decision (1-11-2006)

2006-Ohio-35 State ex rel. Boylen v. Harmon, No. 2005-1251.Supreme Court of Ohio. January 11, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS Stark App. No. 2005CA00104. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.

Read More

STATE, EX REL. v. INDUS. COMM., 139 Ohio St. 92 (1941)

38 N.E.2d 399 THE STATE, EX REL. WEINBERGER, APPELLEE v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 28622Supreme Court of Ohio. Decided December 17, 1941. Workmen’s compensation — Agreement to waive rights, void — Section 1465-94, General Code — Applies only to agreement made before claim accrued or when consideration nominal — Contract for complete settlement […]

Read More

TOLEDO BAR ASSN. v. VIREN, 25 Ohio St.3d 200 (1986)

496 N.E.2d 243 TOLEDO BAR ASSOCIATION v. VIREN. D.D. No. 86-14Supreme Court of Ohio. Decided August 6, 1986. Attorneys at law — Misconduct — Indefinite suspension — Neglect of legal matters — Failure to perform services for which payment was received and failure to pay monies to clients — Failure to cooperate. ON CERTIFIED REPORT […]

Read More

CARDWELL v. INDUS. COMM., 155 Ohio St. 466 (1951)

99 N.E.2d 306 CARDWELL, APPELLEE v. INDUSTRIAL COMMISSION OF OHIO, APPELLANT. No. 32421Supreme Court of Ohio. Decided May 23, 1951. Workmen’s compensation — Injury not in course of or arising out of employment, when — Employee injured returning to home from personal errand — Intending to thereafter proceed to place of employment. APPEAL from the […]

Read More

IN RE CASES HELD FOR THE DECISION IN STATE v. WILLIAMS (10-20-2011)

2011-Ohio-5372 In re Cases Held for the Decision in State v. Williams, Slip Opinion No. 2011-Ohio-5348. Supreme Court of Ohio. October 20, 2011. MERIT DECISION WITH OPINION Judgments reversed and causes remanded or dismissed as improvidently accepted. O’Connor, C.J., and Pfeifer, Lundberg Stratton, Lanzinger, and McGee Brown, JJ., concur. Cupp, J., concurs in part and […]

Read More

STATE, EX REL. RHODEBACK v. JOHNSTOWN MFG., INC., 26 Ohio St.3d 115 (1986)

497 N.E.2d 80 THE STATE, EX REL. RHODEBACK, APPELLANT, v. JOHNSTOWN MFG., INC.; INDUSTRIAL COMMISSION OF OHIO, APPELLEE. No. 85-1670Supreme Court of Ohio. Decided August 20, 1986. Worker’s compensation — Medical report must evaluate combined effect of all allowed conditions — Non-examining physician must expressly adopt factual findings of an examining physician — “Impairment” and […]

Read More

STATE EX REL. HADDIX v. INDUS. COMM., 70 Ohio St.3d 59 (1994)

636 N.E.2d 323 THE STATE EX REL. HADDIX, APPELLANT AND CROSS-APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE AND CROSS-APPELLANT. No. 93-1449Supreme Court of Ohio.Submitted May 16, 1994 — Decided August 10, 1994. APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 92AP-858. Claimant, William Haddix, appellant and cross-appellee, sustained injuries in 1973 […]

Read More

SILVER LAKE v. METRO REGIONAL TRANSIT AUTH., 106 Ohio St.3d 1532 (2005)

2005-Ohio-5146, 835 N.E.2d 382 Silver Lake v. Metro Regional Transit Auth. 2005-1074.Supreme Court of Ohio. October 5, 2005. Summit App. No. 22199, 2005-Ohio-2157. APPEALS ACCEPTED FOR REVIEW Discretionary appeal accepted on Proposition of Law No. I. MOYER, C.J., LUNDBERG STRATTON and O’DONNELL, JJ., would accept on all Propositions of Law. RESNICK, PFEIFER and LANZINGER, JJ., […]

Read More

MISCELLANEOUS DISMISSALS, 71 Ohio St.3d 1462 (1995)

644 N.E.2d 1384-1389Supreme Court of Ohio. 1995. MISCELLANEOUS DISMISSIALS Monday, February 6, 1995 94-1655. Neiberline v. Resash, Inc. Franklin County, No. 93APE12-1692. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal, IT IS ORDERED by the court that the […]

Read More

KIRKBRIDE v. HICKOK, 155 Ohio St. 293 (1951)

98 N.E.2d 815 KIRKBRIDE ET AL., EXRS., APPELLEES v. HICKOK ET AL., APPELLEES; TOLEDO SOCIETY FOR CRIPPLED CHILDREN ET AL., APPELLANTS. No. 32256Supreme Court of Ohio. Decided April 25, 1951. Wills — Bequest in trust to testator’s children — Corpus to charities at termination of trust period — Bequest to charities invalid, when — Section […]

Read More

STATE v. RODGERS, Unpublished Decision (6-2-1999)

State v. Rodgers. No. 99-872.Supreme Court of Ohio. June 2, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Columbiana App. No. 98CO25. On motion for leave to file delayed appeal. Motion denied. Moyer, C.J., dissents.

Read More

NICKELL v. GONZALEZ, 17 Ohio St.3d 136 (1985)

477 N.E.2d 1145 NICKELL ET AL., APPELLANTS, v. GONZALEZ, APPELLEE. No. 84-650Supreme Court of Ohio. Decided May 22, 1985. Malpractice — Physicians — Tort of lack of informed consent established, when. O.Jur 2d Physicians and Surgeons § 124. The tort of lack of informed consent is established when: (a) The physician fails to disclose to […]

Read More

REGIONAL AIRPORT AUTHORITY v. SWINEHART, 62 Ohio St.2d 403 (1980)

406 N.E.2d 811 AKRON-CANTON REGIONAL AIRPORT AUTHORITY, APPELLANT, V. SWINEHART ET AL., APPELLEES. No. 79-489Supreme Court of Ohio. Decided June 25, 1980. Process — Methods of service — Propriety. Service of process may be made at an individual’s business address pursuant to Civ. R. 4.1(1), but such service must comport with the requirements of due […]

Read More

DAYTON BAR ASSN. v. STEPHAN, 108 Ohio St.3d 327 (2006)

2006-Ohio-1063, 843 N.E.2d 771 DAYTON BAR ASSOCIATION v. STEPHAN. No. 2005-1159.Supreme Court of Ohio.Submitted October 25, 2005. Decided March 22, 2006. ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 04-087. PFEIFER, J. {¶ 1} On December 6, 2004, relator, the Dayton Bar Association, filed a complaint […]

Read More

MOSS v. ULMER, 27 Ohio St.3d 37 (1986)

500 N.E.2d 1376 MOSS ET AL., APPELLEES, v. ULMER, D.B.A. LOU ULMER REALTY ET AL.; SANTER, SUPT., APPELLANT. No. 86-125Supreme Court of Ohio. Decided November 26, 1986. Real Estate Recovery Special Account — R.C. 4735.12 — Amendment to statute precludes payment of punitive damages. CERTIFIED by the Court of Appeals for Cuyahoga County. On February […]

Read More

DISCIPLINARY DOCKET, 62 Ohio St.3d 1498 (1992)

583 N.E.2d 965-974Supreme Court of Ohio. 1992. DISCIPLINARY DOCKET Wednesday, January 15, 1992 90-2531. Cincinnati Bar Assn. v. Sullivan. On response to show cause order. Sharon A. Sullivan is indefinitely suspended from the practice of law until she pays her costs in full. 91-422. Toledo Bar Assn. v. O’Connell. On request for stay of payments […]

Read More

JAMES v. CITIES SERVICE OIL CO., 140 Ohio St. 314 (1942)

43 N.E.2d 276 JAMES, APPELLEE v. CITIES SERVICE OIL CO., APPELLANT. No. 28930Supreme Court of Ohio. Decided July 22, 1942. Supreme Court — Affirmance — Judges equally divided — Negligence — Property owner liable to fireman called to extinguish fire — Fireman not warned of hidden peril unknown to him. APPEAL from the Court of […]

Read More

STATE v. COLSTON, 108 Ohio St.3d 1507 (2006)

2006-Ohio-1329, 844 N.E.2d 853 State v. Colston. No. 2006-0272.Supreme Court of Ohio. March 29, 2006. Clermont App. No. CA2004-11-099, 2005-Ohio-7031. MOTION AND PROCEDURAL RULINGS On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2005-1347, State v. Buehner, Cuyahoga App. No. 84985, 161 […]

Read More

PRESTON v. MURTY, 32 Ohio St.3d 334 (1987)

512 N.E.2d 1174 PRESTON ET AL., APPELLEES, v. MURTY ET AL.; GOLD CIRCLE DISCOUNT STORE, APPELLANT. No. 86-1608Supreme Court of Ohio. Decided September 9, 1987. Torts — Punitive damages — “Actual malice,” construed — Sale of air guns and BBs to minors. O.Jur 3d Damages § 156. Actual malice, necessary for an award of punitive […]

Read More

DISCIPLINARY CASES, 102 Ohio St.3d 1443 (2004)

2004-Ohio-2333, 808 N.E.2d 395Supreme Court of Ohio. Case Announcements and Administrative Actions, May 10, 2004. DISCIPLINARY CASES 2003-0397. Erie-Huron Counties Joint Certified Grievance Commt. v. Meyerhoefer. This cause came on for further consideration upon respondent’s motion for continuation of hearing. Upon consideration thereof, IT IS ORDERED by the court that the motion be, and hereby […]

Read More

ADMINISTRATIVE DOCKET, 62 Ohio St.3d 1498 (1992)

583 N.E.2d 965-974Supreme Court of Ohio. 1992. ADMINISTRATIVE DOCKET Wednesday, January 15, 1992 1. Proposed amendments to Crim. R. 30, 32 and 59; Evid.R. 608 and 1102; Civ.R. 26, 30, 41, 51, 53, 54 and 86; App. R. 3, 4, 5, 9, 12, 16, 24 and 33, and Form 3; and Juv. R. 40 and […]

Read More

STATE EX REL. SHARIF v. CUYAHOGA, Unpublished Decision (4-28-1999)

The State ex rel. Sharif, Appellant, v. Cuyahoga County Court of Common Pleas, Appellee. No. 98-2281.Supreme Court of Ohio.Submitted February 23, 1999. Decided April 28, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Mandamus to compel common pleas court to rule on relator’s motions in a criminal case — Complaint […]

Read More

STATE, EX REL. v. GREGORY, 122 Ohio St. 512 (1930)

172 N.E. 365 THE STATE, EX REL. TAYLOR, ADMR. v. GREGORY, JUDGE. No. 22326Supreme Court of Ohio. Decided June 18, 1930. Probate courts — Jurisdiction of court once acquired over estate, is exclusive — Writ of prohibition lies against second court appointing administrator. IN PROHIBITION. Mr. F.M. Marriott, for relator. Mr. E.M. Wickham, for respondent. […]

Read More

TERRETT v. COURT, 170 Ohio St. 439 (1960)

165 N.E.2d 790 TERRETT v. COURT OF APPEALS OF THE SEVENTH APPELLATE DISTRICT ET AL. No. 36306Supreme Court of Ohio. Decided March 23, 1960. Prohibition — Writ not available where other adequate remedy — Not substitute for appeal. IN PROHIBITION. Relator, Terrett, has invoked the original jurisdiction of this court to obtain a writ of […]

Read More

MERIT DECISIONS WITH OPINIONS, Unpublished Decision (9-14-2005)

2005-Ohio-4693 Merit Decisions With Opinions. Supreme Court of Ohio. September 14, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] MERIT DECISIONS WITH OPINIONS 2004-0284. Comer v. Risko, 2005-Ohio-4559. Knox App. No. 03CA14, 2003-Ohio-7272. Judgment reversed and cause remanded. Moyer, C.J., Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur. Resnick and […]

Read More

STATE, EX REL. KEAR, v. COURT, 67 Ohio St.2d 189 (1981)

423 N.E.2d 427 THE STATE, EX REL. KEAR, APPELLANT, v. COURT OF COMMON PLEAS OF LUCAS COUNTY, PROBATE DIVISION, JUDGE LUDEMAN, APPELLEE. No. 80-1751Supreme Court of Ohio. Decided July 15, 1981. Probate Court — Will contest — No right to jury trial — Discretionary with court. A party to a will contest action does not […]

Read More

JOHNSON v. WOLFORD, 117 Ohio St. 136 (1927)

157 N.E. 385 JOHNSON v. WOLFORD ET AL. No. 20360Supreme Court of Ohio. Decided June 16, 1927. Husband and wife — Marriage, void because husband already married, validated and ratified, when — Ceremonial marriage, death of first wife and continued cohabitation thereafter — Illegal marriage innocently contracted valid upon removal of impediment — Valid marriage […]

Read More

ADMINISTRATIVE DOCKET, 55 Ohio St.3d 709 (1990)

563 N.E.2d 296-303Supreme Court of Ohio. 1990. ADMINISTRATIVE DOCKET Wednesday, October 31, 1990 1. Proposed amendments to Gov. Bar R. X, Section 4(C)(10) will be published for a thirty-day public-comment period. 2. John J. Cafaro was appointed as a lay member to the Supreme Court Rules Advisory Committee for a term expiring December 31, 1992. […]

Read More

MISCELLANEOUS DISMISSALS, 46 Ohio St.3d 708 (1989)

545 N.E.2d 1277-1286Supreme Court of Ohio. 1989. MISCELLANEOUS DISMISSIALS Wednesday, October 25, 1989 89-1374. State v. Merritt. Perry County, No. CA-372. Sua sponte, cause dismissed for want of prosecution, effective October 17, 1989. 89-1552. State, ex rel. Carter, v. Tenth Dist. Court of Appeals. In Procedendo. Cause dismissed, on application of relator, effective October 16, […]

Read More

NORWOOD v. CANNAVA, 45 Ohio St.3d 238 (1989)

543 N.E.2d 802 CITY OF NORWOOD, APPELLANT, v. CANNAVA ET AL., APPELLEES. No. 88-908Supreme Court of Ohio.Submitted April 26, 1989 — Decided September 13, 1989. Appropriation of property — Condemnation proceedings — Impairment of rental value does not constitute a taking of property for purpose of awarding interest where landowner remains in possession of property […]

Read More

MOTION DOCKET, 61 Ohio St.3d 1436 (1991)

576 N.E.2d 805-806Supreme Court of Ohio. 1991. MOTION DOCKET Thursday, August 29, 1991 90-1588. Market/Media Research, Inc. v. Cuyahoga Cty. Court of Common Pleas. In Prohibition. On motion for protective order. Motion granted, effective August 28, 1991. 91-1238. State, ex rel. Fite, v. Saddler. In Prohibition. On motion to dismiss. Motion to dismiss overruled, effective […]

Read More

STATE EX REL. WHITMER v. INDUS. COMM., 78 Ohio St.3d 412 (1997)

678 N.E.2d 567 THE STATE EX REL. WHITMER, APPELLEE, v. INDUSTRIAL COMMISSION OF OHIO; ANCHOR TOOL DIE COMPANY, APPELLANT. No. 95-490Supreme Court of Ohio.Submitted April 16, 1997 — Decided May 14, 1997. APPEAL from the Court of Appeals for Franklin County, No. 94APD01-59. Hours, Inc. is a temporary-employment-service agency. In 1985, Hours, Inc. assigned appellee-claimant, […]

Read More

IN RE ESTATE OF MARSTELLER, 105 Ohio St.3d 1471 (2005)

2005-Ohio-1186 IN RE ESTATE OF MARSTELLER. No. 2004-2162.Supreme Court of Ohio. March 23, 2005. Mahoning App. No. 03 MA 185, 2004-Ohio-6214. APPEALS NOT ACCEPTED FOR REVIEW Discretionary appeal not accepted. Motion to dismiss denied as moot. RESNICK and PFEIFER, JJ., dissent. On motion for admission pro hac vice of Jason T. Shipp for appellee Goldberg, […]

Read More

CINCINNATI BAR ASSN. v. MOEVES, 128 Ohio St.3d 1439 (2011)

2011-Ohio-1580, 944 N.E.2d 690 Cincinnati Bar Assn. v. Moeves. No. 2008-0412.Supreme Court of Ohio. April 1, 2011. Disciplinary Cases. This cause came on for further consideration upon the filing by relator, Cincinnati Bar Association, of a motion for an order to show cause. Respondent, Patrick E. Moeves, was ordered to appear before this court on […]

Read More

STATE v. ARMACOST, 123 Ohio St.3d 1506 (2009)

2009-Ohio-6210 State v. Armacost. No. 2009-1901.Supreme Court of Ohio. December 2, 2009. Clermont App. No. CA2008-03-025, 2009-Ohio-554. Motion and Procedural Rulings. On motion for leave to file delayed appeal. Motion denied. PFEIFER, J., dissents.

Read More

STATE v. CARDOSI, 83 Ohio St.3d 1206 (1998)

698 N.E.2d 1003 THE STATE OF OHIO, APPELLEE, v. CARDOSI, A.K.A. CORDOSI, APPELLANT. No. 97-688.Supreme Court of Ohio.Submitted March 3, 1998. Decided September 16, 1998. CERTIFIED by the Court of Appeals for Clark County, No. 95-CA-0126. Suzanne M. Luthe, Clark County Assistant Prosecuting Attorney, for appellee. Noel Edward Kaech, Clark County Assistant Public Defender, for […]

Read More

DISCIPLINARY COUNSEL v. LANTZ, Unpublished Decision (4-28-2004)

2004-Ohio-1806 Disciplinary Counsel, v. Lantz. No. 2003-0699.Supreme Court of Ohio.Submitted June 4, 2003. Resubmitted January 12, 2004. Decided April 28, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] ON CERTIFIED REPORT by the Board of Commissioners on Grievances and Discipline of the Supreme Court, No. 02-36. PER CURIAM. {¶ 1} […]

Read More

GOSHAY v. AMBROSE, 127 Ohio St.3d 1441 (2010)

2010-Ohio-5762 State ex rel. Goshay v. Ambrose. No. 2010-1653.Supreme Court of Ohio. December 1, 2010. In Procedendo and Prohibition. Merit Decisions Without Opinions. Relator’s motion for default denied. Respondents’ motion to dismiss granted. Relator’s motion for disqualification denied as moot. Cause dismissed. BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR, O’DONNELL, LANZINGER, and CUPP, JJ., concur.

Read More

STATE v. DIXON, 126 Ohio St.3d 1583 (2010)

2010-Ohio-4542, 934 N.E.2d 355 State v. Dixon. No. 2010-0991.Supreme Court of Ohio. September 29, 2010. APPEALS NOT ACCEPTED FOR REVIEW Montgomery App. No. 23910. Discretionary appeal not accepted. Related motion denied as moot. O’Donnell, J., dissents.

Read More

STATE v. DANIELS, 169 Ohio St. 87 (1959)

157 N.E.2d 736 THE STATE OF OHIO, APPELLEE v. DANIELS, APPELLANT. No. 35607Supreme Court of Ohio. Decided April 8, 1959. Criminal law — Statutory rape — Section 2905.03, Revised Code — Victim’s consent not essential element — “Against her will” construed — Sections 2905.01 and 2905.02, Revised Code — Aggravated rape — Father’s carnal knowledge […]

Read More

AM. FINANCIAL SERV. ASSN. v. CLEVELAND, 107 Ohio St.3d 1679 (2005)

2005-Ohio-6480, 839 N.E.2d 401 Am. Financial Serv. Assn. v. Cleveland 2005-0161.Supreme Court of Ohio. December 14, 2005. Cuyahoga App. No. 83676, 159 Ohio.App.3d 489, 2004-Ohio-6416. MOTION AND PROCEDURAL RULINGS On motion of appellant to consider 2005-0160 and 2005-0161 Am. Financial Serv. Assn. v. Cleveland, Cuyahoga App. No. 83676, 159 Ohio App.3d 489, 2004-Ohio-6416, prior to […]

Read More

BOYLE v. ADJUSTMENT CO., 148 Ohio St. 219 (1947)

74 N.E.2d 97 BOYLE, TREAS., APPELLEE v. THE PUBLIC ADJUSTMENT CONSTRUCTION CO. ET AL., APPELLANTS. No. 31006Supreme Court of Ohio. Decided May 28, 1947. Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Taxation — Real estate certified delinquent 1927 and, advertised May 1936 — Private conveyance of entire tract July […]

Read More

STATE, EX REL. v. KELLOGG, 149 Ohio St. 461 (1948)

79 N.E.2d 319 THE STATE, EX REL. INDIAN HILL ACRES, INC., APPELLEE v. KELLOGG, CITY MGR., ET AL., APPELLANTS. No. 31139Supreme Court of Ohio. Decided May 5, 1948. Municipal corporations — Authority to operate public utility and sell surplus product — Sections 4 and 6, Article XVIII, Constitution — Council may determine policy as to […]

Read More

STATE v. SPIRKO, 59 Ohio St.3d 1 (1991)

570 N.E.2d 229 THE STATE OF OHIO, APPELLEE, v. SPIRKO, APPELLANT. No. 89-722Supreme Court of Ohio.Submitted October 23, 1990 — Decided April 10, 1991. Criminal law — Aggravated murder — Death penalty upheld, when. APPEAL from the Court of Appeals for Van Wert County, No. 15-84-22. Prior to August 1982, Betty Jane Mottinger had been […]

Read More

COX v. MAXWELL, WARDEN, 1 Ohio St.2d 111 (1965)

205 N.E.2d 17 COX v. MAXWELL, WARDEN. No. 39216Supreme Court of Ohio. Decided March 3, 1965. Habeas corpus — Serving of sentence — Time at large as parole violator — Time of imprisonment not reduced thereby. IN HABEAS CORPUS. This is an action in habeas corpus originating in this court. In January 1948, petitioner, Herbert […]

Read More

STATE EX REL. v. SOUTH, 176 Ohio St. 241 (1964)

198 N.E.2d 919 THE STATE EX REL. RAY, JUDGE, APPELLANT v. SOUTH ET AL., BOARD OF COUNTY COMMRS. OF WARREN COUNTY, APPELLEES. No. 38360Supreme Court of Ohio. Decided May 13, 1964. Probate and Juvenile Courts — Funds for operation of courts — Duty of Board of County Commissioners to appropriate sums requested — Board’s duty […]

Read More