Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Thursday, December 15, 2005

12/15/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS
2005-1074. Silver Lake v. Metro Regional Transit Auth.
Summit App. No. 22199, 2005-Ohio-2157. This cause is pending before the court
as an appeal from the Court of Appeals for Summit County. On November 29,
2005, appellee filed a motion to supplement the record. The court finds that the
exhibits appellee seeks to supplement are already part of the record certified and
transmitted to this court by the court of appeals. Accordingly,
IT IS ORDERED by the court that the motion to supplement is denied.

2005-2249. State v. Franklin.
Montgomery App. No. 19041, 2002-Ohio-2370. This cause is pending before this
court as a discretionary appeal and claimed appeal of right. On November 28,
2005, appellant filed a motion to clarify the record, asserting that the Clerk failed
to properly docket his appeal on October 21, 2005. It appearing to the court that
this case has since been properly docketed,
IT IS ORDERED by the court that the motion is denied as moot.

MISCELLANEOUS DISMISSALS

2005-1825. State v. Askew.
Montgomery App. No. 20110, 2005-Ohio-4026. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. Upon consideration of
appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

MISCELLANEOUS ORDERS

In re Report of the Commission
on Continuing Legal Education
Francis Xavier Marnell
(0011271), Respondent.

ENTRY
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "commission") pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys and judges, including the above named
respondent, for failure to comply with the applicable continuing legal
education provisions of Gov.Bar R. X and Gov.Jud.R. IV for the 2003-2004
reporting period.
It has now come to the court's attention that the respondent is deceased.
Upon consideration thereof,
It is ordered by the court that the recommendation of a sanction against the
above-named respondent, and the related matter now pending before the court, are
hereby dismissed.

In re Report of the Commission
on Continuing Legal Education
Terrie Jo Restivo-Mock
(0059958), Respondent.
ENTRY
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "commission") pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys and judges, including the above named
respondent, for failure to comply with the applicable continuing legal
education provisions of Gov.Bar R. X and Gov.Jud.R. IV for the 2003-2004
reporting period.
It has now come to the court's attention that the respondent is deceased.
Upon consideration thereof,
It is ordered by the court that the recommendation of a sanction against the
above-named respondent, and the related matter now pending before the court, are
hereby dismissed.


In re Report of the Commission
on Continuing Legal Education
Lawrence Frederick Miller
(0011640), Respondent.
ENTRY
This matter originated in this court on the filing of a report by the
Commission on Continuing Legal Education (the "commission") pursuant to
Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the
imposition of sanctions against certain attorneys and judges, including the above named
respondent, for failure to comply with the applicable continuing legal
education provisions of Gov.Bar R. X and Gov.Jud.R. IV for the 2003-2004
reporting period.
It has now come to the court's attention that the respondent is deceased.
Upon consideration thereof,
It is ordered by the court that the recommendation of a sanction against the
above-named respondent, and the related matter now pending before the court, are
hereby dismissed.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-2311. Bedford Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-287.
The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-2006. State ex rel. Honda of Am. Mfg., Inc. v. Indus. Comm.
Franklin App. No. 04AP-765, 2005-Ohio-4672.

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