Category: Ohio Supreme Court Opinions

559 N.E.2d 1351 STRONGSVILLE BOARD OF EDUCATION ET AL., APPELLANTS AND CROSS-APPELLEES, v. CUYAHOGA COUNTY BOARD OF REVISION ET AL., APPELLEES; RIVERSIDE RACQUET CLUB, LTD., APPELLEE AND CROSS-APPELLANT. No. 88-1487Supreme Court of Ohio.Submitted January 26, 1990 — Decided September 12, 1990. Taxation — Board of Tax Appeals’ denial of continuance an abuse of discretion, when […]

573 N.E.2d 71 BYRD, APPELLANT, v. ALEXANDER, WARDEN, APPELLEE. No. 90-1502Supreme Court of Ohio.Submitted April 24, 1991 — Decided June 5, 1991. Certification of conflict dismissed as moot. CERTIFIED by the Court of Appeals for Madison County, No. CA89-08-015. Randall M. Dana, Ohio public defender, Kenneth R. Spiert an Thomas R. Wetterer, Jr., for appellant. […]

736 N.E.2d 26Supreme Court of Ohio. 2000. DISCRETIONARY APPEALS ALLOWED Announcement, 9:00 A.M., Wednesday, October 4, 200000-1076. Royster v. Toyota Motor Sales, U.S.A., Inc. Cuyahoga App. No. 75634. MOYER, C.J., PFEIFER and LUNDBERG STRATTON, JJ., dissent. 00-1134. Benton v. Cuyahoga Metro. Hous. Auth. Cuyahoga App. No. 76508. Discretionary appeal allowed and cause held for the […]

577 N.E.2d 1094 THE STATE, EX REL. FYFFE, APPELLANT, v. EVANS, JUDGE, APPELLEE. No. 90-794Supreme Court of Ohio.Submitted June 26, 1991 — Decided October 9, 1991. APPEAL from the Court of Appeals for Coshocton County, No. 90-CA-4. On April 17, 1989, appellant, Daniel Everett Fyffe, Jr., was bound over from the Coshocton County Juvenile Court […]

625 N.E.2d 618 MARKS, F.K.A. HUMPHREYS, APPELLANT, v. UNIVERSITY OF CINCINNATI ET AL., APPELLEES. No. 92-2605Supreme Court of Ohio.Submitted January 5, 1994 — Decided February 2, 1994. APPEAL from the Court of Appeals for Hamilton County, No. C-910908. Clements, Mahin Cohen and Edward Cohen, for appellant. Beckman, Weil, Shepardson Faller and Margaret A. Hilvert, for […]

86 N.E.2d 489 SNYDER, APPELLEE v. WARDE, ADMX., ET AL., APPELLANTS. No. 31500Supreme Court of Ohio. Decided May 25, 1949. Wills — Oral contract to make will, unenforcible — Section 10504-3a, General Code — Statute applies notwithstanding consideration paid in pecuniarily compensable services — Housekeeping, nursing, business assistance and incidental acts, compensable in money — […]

728 N.E.2d 1081 In re Resignation of Edwards. No. 99-2135.Supreme Court of Ohio.Submitted April 11, 2000. Decided May 2, 2000. On Affidavit of Resignation and Authorization and Release Pursuant to Gov.Bar R. V(11)(G)(1). On November 30, 1999, respondent, Michael Myrone Edwards, Attorney Registration No. 0032603, last known business address in Cincinnati, Ohio, who was admitted […]

541 N.E.2d 64 CHEF ITALIANO CORPORATION, APPELLANT, v. KENT STATE UNIVERSITY ET AL., APPELLEES. No. 88-53Supreme Court of Ohio.Submitted February 15, 1989 — Decided July 12, 1989. Appellate procedure — Civil procedure — Compliance with R.C. 2505.02 and Civ. R. 54(B) required for order to be final and appealable. O.Jur 3d Appellate Review §§ 36, […]

530 N.E.2d 916 THE STATE, EX REL. GIBSON, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES. No. 87-634Supreme Court of Ohio.Submitted July 27, 1988 — Decided November 16, 1988. Mandamus — Issue not previously raised may be considered waived, when. APPEAL from the Court of Appeals for Franklin County, No. 85AP-667. Appellant, Ruby M. […]

758 N.E.2d 672Supreme Court of Ohio. 2001. DISCIPLINARY DOCKET Announcement Wednesday November 21, 200101-1205. Disciplinary Counsel v. Watson. This matter is pending before the court upon the filing by respondent, Michael Troy Watson, on October 19, 2001, of a motion for stay of proceedings and demand for investigation. On October 25, 2001, relator filed a […]

120 N.E.2d 725 FIRST NATIONAL BANK OF CINCINNATI ET AL., APPELLANTS v. PECK, TAX COMMR., APPELLEE. FIRST NATIONAL BANK OF CINCINNATI ET AL., APPELLEES v. PECK, TAX COMMR., APPELLANT. Nos. 33873 and 33874Supreme Court of Ohio. Decided June 23, 1954. Taxation — “Deposits” defined — Section 5324, General Code — Amounts of certified checks not […]

221 N.E.2d 704 THE STATE, EX REL. CITY OF CLEVELAND v. MASHETER, DIR. OF HIGHWAYS, ET AL. No. 39953Supreme Court of Ohio. Decided November 30, 1966. Highways — Lighting interstate highways within municipal corporations — City agreed to maintain lighting system — Expenses chargeable to state by Legislature — Effect upon city’s contract — Mandamus. […]

709 N.E.2d 850 State v. Saffell. No. 99-593.Supreme Court of Ohio. May 12, 1999. Wayne App. No. 2928. On motion for leave to file delayed appeal. Motion denied.

546 N.E.2d 1308 IN RE APPEAL OF SUSPENSION OF HUFFER FROM CIRCLEVILLE HIGH SCHOOL. No. 88-1397Supreme Court of Ohio.Submitted September 19, 1989 — Decided November 22, 1989. Appellate procedure — Case not moot if the issues are capable of repetition — Schools — School boards have authority to establish rule allowing school administrators to suspend […]

344 N.E.2d 330 SUN FINANCE LOAN COMPANY, APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT. No. 75-105Supreme Court of Ohio. Decided March 17, 1976. Taxation — Dealer in intangibles — Assessment — R.C. 5725.15 apportionment formula, construed — “Capital employed” in this state, construed. APPEAL from the Board of Tax Appeals. Appellee, Sun Finance Loan Company (hereinafter […]

674 N.E.2d 1155 ARDIRE ET AL., APPELLANTS, v. TRACY, TAX COMMR., APPELLEE. No. 95-1535Supreme Court of Ohio.Submitted November 12, 1996 — Decided February 12, 1997. APPEAL from the Board of Tax Appeals, No. 94-K-347. During 1988, Philip and Donna Ardire, appellants, received income from Simplex Communications Corporation (“Simplex”), a Subchapter S corporation which engaged in […]

61 N.E.2d 207 SUNSET MEMORIAL PARK ASSN., APPELLANT v. EVATT, TAX COMMR., ET AL., APPELLEES. No. 30146Supreme Court of Ohio. Decided May 2, 1945. Taxation — Land of cemetery association — Four applications for exemption and remission of taxes and penalties, denied — Appeal from Board of Tax Appeals to Supreme Court — Section 5611-2, […]

735 N.E.2d 901Supreme Court of Ohio. 2000. RECONSIDERATION DOCKET Announcement Tuesday September 26, 200000-1147. State v. Taylor. Montgomery App. No. 17142. Reported at 90 Ohio St.3d 1408, 734 N.E.2d 1264. IT IS ORDERED by the court that the motion for reconsideration in this case be, and hereby is, denied. Page 1424

97 N.E.2d 213 MILLER, APPELLEE v. MILLER ET AL., APPELLANTS, ET AL., APPELLEES. No. 32098Supreme Court of Ohio. Decided February 14, 1951. Divorce and alimony — Power of Common Pleas Court limited — Only express statutory power and power necessary to make decree effective — Support order for adult child not authorized, when — Jurisdiction […]

529 N.E.2d 433 BLOHM ET AL., APPELLEES, v. CINCINNATI INSURANCE COMPANY, APPELLANT. No. 87-1189Supreme Court of Ohio.Submitted May 25, 1988 — Decided October 5, 1988. Insurance — Renewal notice informs of optional underinsured motorist coverage — Policy may not be construed to provide underinsured motorist coverage, when — Former R.C. 3937.181(B) and Ohio Adm. Code […]

780 N.E.2d 593Supreme Court of Ohio. 2002. MOTION AND PROCEDURAL RULINGS Case Announcements and Administrative Actions December 19, 20022002-1454. State ex rel. Weist v. Cuyahoga Cty. Bd. of Commrs. In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus. Upon consideration of relators’ motion for extension […]

507 N.E.2d 1109 THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. WILSON, APPELLEE AND CROSS-APPELLANT. No. 86-383Supreme Court of Ohio. Decided May 13, 1987. Criminal law — Continuing duty to disclose discoverable matter — Crim. R. 16(D) — Reversible error when failure to disclose misleads party into believing previously disclosed information was exculpatory — “Trial […]

702 N.E.2d 1215Supreme Court of Ohio. 1998. DISCRETIONARY APPEALS NOT ALLOWED 98-1580. Maple Hts. v. Spearman. Cuyahoga App. No. 72988. On discretionary appeal and motion for stay. Appeal and motion denied. MOYER, C.J., dissents. 98-1723. Loyer v. Turner. Erie App. No. E-97-143. COOK and LUNDBERG STRATTON, JJ., dissent. RESNICK, J., not participating. Page 1438 98-1724. […]

761 N.E.2d 39 Worley, Appellant, v. Cooper Tire Rubber Company, Appellee. No. 00-2155.Supreme Court of Ohio.Submitted November 28, 2001. Decided January 30, 2002. Appeal from the Court of Appeals for Hancock County, No. 5-2000-16. The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., […]

361 N.E.2d 1060 BECKWITH ASSOCIATES, INC., APPELLEE, v. KOSYDAR, TAX COMMR., APPELLANT. No. 76-787Supreme Court of Ohio. Decided March 23, 1977. Taxation — Franchise tax — Newly-formed corporations — Proper accounting period — R.C. 5733.05 and Rule TX-43-05, construed. APPEAL from the Court of Appeals for Cuyahoga County. On May 3, 1971, Beckwith Associates, Inc., […]

532 N.E.2d 117 FALLANG, APPELLEE, v. HICKEY; LONG, APPELLANT. No. 87-1828Supreme Court of Ohio.Submitted October 5, 1988 — Decided December 21, 1988. Defamation — Personal jurisdiction over nonresident defendant — Civ. R. 4.3(A) (3) — Offending communication published in Ohio — Single, allegedly defamatory letter deliberately sent into Ohio — Minimum contacts satisfied. O.Jur 3d […]

700 N.E.2d 330 State ex rel. Chalfant v. Wray. Supreme Court of Ohio. NO. 98-1664. October 7, 1998. In Mandamus. On answer of Jerry Wray, answer of city of Westlake et al., and motion for injunctive relief. Sua sponte, cause dismissed. MOYER, CJ., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

578 N.E.2d 468Supreme Court of Ohio. 1991. MERIT DOCKET Monday, September 30, 1991 90-1117. Patterson v. Baker. In Habeas Corpus. This cause originated in this court on the filing of a petition for a writ of habeas corpus. Upon consideration thereof, IT IS ORDERED by the court that petitioner’s application for said writ be, and […]

630 N.E.2d 725 NAYLOR, APPELLANT, v. CARDINAL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, APPELLEE. No. 92-2043Supreme Court of Ohio.Submitted November 9, 1993 — Decided April 27, 1994. APPEAL from the Court of Appeals for Geauga County, No. 91-G-1629. Plaintiff-appellant, Deborah P. Naylor, was employed for three years as a ninth grade English and high school […]

721 N.E.2d 408 Mayer v. Bristow. No. 99-2216.Supreme Court of Ohio, Columbus County. December 23, 1999. MOTION DOCKET Crawford Appeal from App. No. No. 3-98-29. This cause is pending before the court on the certification of conflict by the Court of Appeals for Crawford County. Upon consideration of appellant’s motion for stay of the court […]

671 N.E.2d 1277 SMITH, AGENT FOR ANNEXATION PETITIONER, ET AL., APPELLANTS, v. GRANVILLE TOWNSHIP BOARD OF TRUSTEES, APPELLEE. No. 96-2350Supreme Court of Ohio. Submitted and decided November 4, 1996. APPEAL from the Court of Appeals for Licking County, No. 96-CA-98. Vorys, Sater, Seymour Pease, Duke W. Thomas and Bruce L. Ingram, for appellants. Moots, Cope […]

478 N.E.2d 239 THE STATE, EX REL. KREJCI, APPELLANT, v. CIVIL SERVICE COMMISSION OF NORTH ROYALTON ET AL., APPELLEES. No. 84-493Supreme Court of Ohio. Decided May 22, 1985. Civil service — Public employment — Probationary demotion does not violate original writ of mandamus compelling promotion, when. APPEAL from the Court of Appeals for Cuyahoga County. […]

425 N.E.2d 404 RELIANCE UNIVERSAL, INC., APPELLANT AND CROSS-APPELLEE, v. DELUTH CONSTRUCTION COMPANY, APPELLEE; NORTHLAND PARK HOMES, INC., ET AL., APPELLEES AND CROSS-APPELLANTS. No. 80-1197Supreme Court of Ohio. Decided July 1, 1981. Mechanics’ lien — Liability of property owner — Failure to secure certificate of materialmen and contractors’ affidavits — Effect. A property owner who […]

346 N.E.2d 778 THE CLEVELAND ELECTRIC ILLUMINATING CO., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. (Two cases.) Nos. 75-740 and 75-741Supreme Court of Ohio. Decided May 5, 1976. Public Utilities Commission — Appeal to Supreme Court — Authority of court — Reversal and remand of order — Effect. 1. In an appeal from an […]