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Monday, October 17, 2005

10/14/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-0934. State v. Sommer.

Fairfield App. No. 04CA36, 2005-Ohio-1707. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. On May 20, 2005,
appellant filed a notice that a motion to certify a conflict was pending in the
court of appeals and, pursuant to S.Ct.Prac.R. IV(4)(A), this court stayed
consideration of the jurisdictional memoranda filed in this appeal. Whereas
appellant has neither notified this court that the court of appeals determined
that a conflict does exist as provided by S.Ct.Prac.R. IV(4)(B) nor filed a
copy of the court of appeals' order certifying the existence of a conflict
provided by S.Ct.Prac.R. IV(4)(C),
IT IS ORDERED by the court, sua sponte, that appellant show cause within
fourteen days of the date of this entry why this court should not proceed to
consider the jurisdictional memoranda in this appeal pursuant to S.Ct.Prac.R.
III(6).

2005-1176. Tobias, Kraus & Torchia v. Schlagel.
Hamilton App. No. C-040644. This cause is pending before the court as a
discretionary appeal. On June 30, 2005, appellant filed a notice that a motion
to certify a conflict was pending in the court of appeals and, pursuant to
S.Ct.Prac.R. IV(4)(A), this court stayed consideration of the jurisdictional
memoranda filed in this appeal. Whereas appellant has neither notified this
court that the court of appeals determined that a conflict does exist as
provided by S.Ct.Prac.R. IV(4)(B) nor filed a copy of the court of appeals'
order certifying the existence of a conflict provided by S.Ct.Prac.R. IV(4)(C),
IT IS ORDERED by the court, sua sponte, that appellant show cause within
fourteen days of the date of this entry why this court should not proceed to
consider the jurisdictional memoranda in this appeal pursuant to S.Ct.Prac.R.
III(6).

MISCELLANEOUS DISMISSALS

2004-1957. Corporate Property Assoc. v. Wood Cty. Bd. of Revision.
Board of Tax Appeals, No. 2002-N-1836. This cause is pending before the
court as an appeal from the Board of Tax Appeals. Upon consideration of
appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause
is dismissed.

2005-1730. In re Subpoenas Issued to Lynd.
Scioto App. Nos. 04CA2966 and 04CA2978, 2005-Ohio-4607. This cause
is pending before the court as a discretionary appeal and claimed appeal
of right. It appears from the records of the court that the appellant has
not filed a memorandum in support of jurisdiction, due October 11, 2005
in compliance with the Rules of Practice of the Supreme Court and
therefore has failed to prosecute this cause with the requisite diligence.
Upon consideration thereof,
IT IS ORDERED by the court that this cause is dismissed sua sponte.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-1562. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1328.
2005-1563. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1327.
2005-1564. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1329.
2005-1565. Natl. City Bank v. Wilkins.
Board of Tax Appeals, No. 2003-A-1326.
2005-1566. Natl. City Bank v. Wilkins.
3 10-14-05
Board of Tax Appeals, No. 2003-A-1330.
The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-0899. State ex rel. Dobbins v. Indus. Comm.
Franklin App. No. 04AP-590, 2005-Ohio-1529.

MERIT DECISIONS WITH OPINIONS

2004-1417. Hardy v. Delaware Cty. Bd. of Revision, 2005-Ohio-5319.
Board of Tax Appeals, No. 2003-A-966. Decision affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger,
JJ., concur.
O'Donnell, J., dissents.

2004-1811. Disciplinary Counsel v. Johnson, 2005-Ohio-5323.
On Certified Report by the Board of Commissioners on Grievances and
Discipline, No. 03-083. Christine Ann Johnson, Attorney Registration
No. 0070595, is suspended from the practice of law in Ohio for one year,
with six months stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2004-1812. Disciplinary Counsel v. Holland, 2005-Ohio-5322.
On Certified Report by the Board of Commissioners on Grievances
and Discipline, No. 03-082. Darrell Wendell Holland Jr., Attorney
Registration No. 0022551, is suspended from the practice of law in
Ohio for one year.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2005-0367. Cuyahoga Cty. Bar Assn. v. Lazzaro, 2005-Ohio-5321.
On Certified Report by the Board of Commissioners on Grievances
and Discipline, No. 04-038. Charles Blaise Lazzaro, Attorney Registration
No. 0022281, is suspended from the practice of law in Ohio for two years,
with one year stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2005-0569. In re Application of Olterman, 2005-Ohio-5324.
On Report by the Board of Commissioners on Character and Fitness,
No. 286. The application of William Ward Olterman to take the Ohio
bar examination is denied.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

2005-0790. Disciplinary Counsel v. May, 2005-Ohio-5320.
On Certified Report by the Board of Commissioners on Grievances
and Discipline, No. 04-063. Neal Allan May, Attorney Registration
No. 0062317, is suspended from the practice of law in Ohio for two years,
all stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and
Lanzinger, JJ., concur.

3 Comments:

  • At 5:20 PM, Blogger Hunt and Fish said…

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