2009-Ohio-6816
No. 2009-2053.Supreme Court of Ohio.
December 30, 2009.
Montgomery App. No. 23188, 2009-Ohio-4790.
MOTION AND PROCEDURAL RULINGS.
On review of order certifying a conflict. The court determines that a conflict exists. The. parties are to brief the issue stated at page 8 of the court of appeals’ Decision and Entry filed November 3, 2009:
“May a constructive trust be imposed on survivorship funds that a beneficiary receives from a public retirement system account, where the beneficiary’s receipt of the funds inequitably results from the decedent’s wrongful failure to designate an ex-spouse as a beneficiary for survivorship funds on the account?”
MOYER, C.J., and PFEIFER and O’DONNELL, JJ., dissent.
The conflict case is Schroder v. Schroder, Hocking App. No. 03CA20, 2004-Ohio-4104.
Sua sponte, cause consolidated with 2009-1953, Fischbach v. Mercuri, Montgomery App. No. 23188, 2009-Ohio-4790.