680 N.E.2d 154Supreme Court of Ohio.
1997.
MOTION DOCKET Wednesday, June 18, 199796-1809. State ex rel. Buchman v. Wayne Trace Local School Dist.Bd. of Edn.
In Mandamus. On motion for stay of proceedings. Motion granted.
96-2095. Weiker v. Motorists Mut. Ins. Co.
Ottawa App. No. OT-96-012. Sua sponte, the parties are to brief the merits, and the case shall be scheduled for oral argument.
COOK and LUNDBERG STRATTON, JJ., dissent.
96-2247. State ex rel. The Plain Dealer v. Ohio Dept. of Ins.
In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus.
IT IS ORDERED by the court, sua sponte, that respondents file with the Clerk of this court on or before June 23, 1997, the following documents for in camera review:
1. July 30, 1996 letter from Climaco, Climaco, Seminatore, Lefkowitz Garofoli Co., L.P.A., to Robert H. Katz, Ohio Department of Insurance, in response to June 27, 1996 letter from David S. Meyer, Ohio Department of Insurance, including the following attachments and any other attachments or enclosures:
— December 12, 1995 letter from Climaco, Climaco, Seminatore, Lefkowitz Garofoli Co., L.P.A., to David Colby of Columbia/HCA Health Care Corporation;
— January 22, 1996 letter to Fried, Frank, Harris, Shriver
Jacobson to Climaco, Climaco, Seminatore, Lefkowitz Garofoli Co., L.P.A.;
— March 7, 1996 memo regarding latest version of agreement;
— March 19, 1996 memo from Fried, Frank, Harris, Shriver
Jacobson to Climaco, Climaco, Seminatore, Lefkowitz Garofoli Co., L.P.A., including any attachments or enclosures.
2. July 31, 1996 letter from Douglas A. Andrews to Robert H. Katz, including any attachments or enclosures.
3. August 12, 1996 letter from Douglas A. Andrews to David S. Meyer and Robert H. Katz, including any attachments or enclosures.
4. August 28, 1996 letter from Douglas A. Andrews to Robert H. Katz in response to August 22, 1996 letter of Robert H. Katz, including the two attached disclosure memoranda; follow-up biographical information; additional copies of the proxy statement; BCBSO membership list; report of D.F. King and information regarding D.F. King services; information regarding Ciuni Panichi; biographical information referred to in letter; board of trustees listing; December 12, 1995 letter from David Colby regarding liquidated damages provision; a specimen policy; and any other attachments or enclosures.
5. September 5, 1996 letter from Robert H. Katz to Kenneth F. Seminatore at Climaco, Climaco, Seminatore, Lefkowitz Garofoli Co., L.P.A., and any attachments or enclosures.
6. September 20, 1996 letter from Douglas A. Andrews to Robert H. Katz and any attachments or enclosures.
DOUGLAS, J., dissents.
96-2761. State ex rel. Eaton Corp. v. Indus. Comm.
Franklin App. No. 95APD11-1550. On motion to dismiss. Motion denied.
96-2790. State v. Clemons.
Hamilton C.P. No. B9511119. This cause is pending before the court as an appeal from the Court of Common Pleas of Hamilton County. Upon consideration of appellant’s motion to review defense mitigation exhibits,
IT IS ORDERED by the court that the motion to review defense mitigation exhibits be, and hereby is, granted.
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97-312. Williamson v. Ameritech Corp.
Franklin App. No. 96APE07-860. On motion to dismiss. Motion denied.
COOK and LUNDBERG STRATTON, JJ., dissent.
RESNICK, J., not participating.
97-424. State ex rel. Williams v. Brigano.
Warren App. No. CA96-10-108. On motion to strike. Motion denied.
97-792. State v. Poole.
Franklin App. No. 96APA06-731. On motion for leave to file delayed appeal. Motion denied.
DOUGLAS, COOK and LUNDBERG STRATTON, JJ., dissent.
97-801. State v. Cummings.
Cuyahoga App. No. 69966. On motion for leave to file delayed appeal. Motion denied.
MOYER, C.J., RESNICK and PFEIFER, JJ., dissent.
97-861. State v. Jordan.
Licking App. No. 96CA36. On motion for leave to file delayed appeal. Motion denied.
PFEIFER, J., dissents.
97-876. State v. Health.
Warren App. No. CA96-04-035. On motion for leave to file delayed appeal. Motion denied.
DOUGLAS, COOK and LUNDBERG STRATTON, JJ., dissent.
97-888. Schade v. Bur. of Workers’ Comp.
Cuyahoga App. No. 70950. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Journal Entry filed May 9, 1997:
“The court hereby renders the following nunc pro tunc order clarifying entry #82071 rendered on 4/4/97. The order is amended to read: Motion by appellant LTV Steel Company to certify a conflict granted. This court’s determination that the claimant, Larry Schade, may dismiss his complaint pursuant to Civ.R. 41(A)(1)(a) is in direct conflict with the decision of the Franklin County Court of Appeals in Rhynehardt v. Sears Logistics Services (1995), 103 Ohio App.3d 327, 659 N.E.2d 375, and the Miami County Court of Appeals in Anderson v. Sonoco Products
(July 26, 1995), Miami App. No. 95-CA-58, 1996 Ohio App.Lexis 3165, unreported [1996 WL 416992], both of which determined that the claimant was not entitled to dismiss his complaint pursuant to Civ.R. 41(A)(1)(a). Pursuant to Section 3(B)(4), Article IV, Ohio Constitution, the record of this case is certified to the Supreme Court of Ohio for review and final determination upon the following question: `In an appeal pursuant to R.C. 4123.512 from the Industrial Commission to a court of common pleas brought by an employer, is the claimant entitled to dismiss his or her complaint pursuant to Civ.R. 41(A)(1)(a)?'”
97-1017. Ogrizek v. Ogrizek.
Summit App. No. 18074. On motion for stay. Motion denied.
DOUGLAS and RESNICK, JJ., dissent.
97-1027. Windham Foods, Inc. v. Fleming Cos., Inc.
Trumbull App. Nos. 96-T-5515 and 96-T-5519. On motion for stay. Motion denied.
97-1087. Reese v. Mitchell.
Trumbull App. No. 96-T-5622. On motion for stay. Motion denied.