Ohio Law

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

Friday, December 16, 2005

12/16/2005 - Supreme Court of Ohio Case Announcements

MISCELLANEOUS DISMISSALS

2005-1996. Rendina v. Rendina.
Lake App. No. 2003-L-193, 2005-Ohio-4772. 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.

MEDIATION REFERRALS

The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):
2005-2320. Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2004-A-767.

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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.

Wednesday, December 14, 2005

Supreme Court of Ohio: Non-Lawyers Selling Living Trusts Ordered to Cease, Fined $1.02 Million for Unauthorized Law Practice

The Supreme Court of Ohio's weekly release of decisions contains one sure to draw a lot of interest. The second one below offers a link to the full text.


Wednesday, Dec. 14, 2005

2004-0695. Williams v. Akron , 2005-Ohio-6268.
Summit App. No. 21306, 2003-Ohio-7197. Judgment affirmed.
Moyer, C.J., Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., concurs separately.
Resnick and Pfeifer, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6268.pdf
Summary: Court of Appeals May Review Plaintiff’s Prima FacieDiscrimination Case Even After Jury Verdict

2004-2114. Cleveland Bar Assn. v. Sharp Estate Serv., Inc., 2005-Ohio-6267.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-1. Sharp Estate Services, Inc., Asset Preservation Group, Inc., Sharp Estate & Insurance Services, Inc., Jeffrey G. Sharp, Robert Clapacs, Diane C. Sharp, Henry W. Abts III, and The Estate Plan are enjoined from conduct that constitutes the unauthorized practice of law in Ohio , and civil penalty is imposed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6267.pdf
Summary: Non-Lawyers Selling Living Trusts Ordered to Cease, Fined $1.02 Million for Unauthorized Law Practice

2005-0349. Disciplinary Counsel v. Wheatley, 2005-Ohio-6266.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-072. Myron Daniel Wheatley, Attorney Registration No. 0038584, is suspended from the practice of law in Ohio for six months.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6266.pdf
Summary: Chardon Attorney Suspended for Aiding Living Trust Marketer in Unauthorized Practice of Law

2005-0452. Harmon v. Baldwin , 2005-Ohio-6264.
Licking App. No. 04CA116, 2005-Ohio-722. Judgment affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Pfeifer, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6264.pdf

2005-1157. Mahoning Cty. Bar Assn. v. Melnick, 2005-Ohio-6265.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-066. Robert Melnick, Attorney Registration No. 0014788, is publicly reprimanded.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6265.pdf


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Tuesday, December 13, 2005

12/13/2005 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2004-1101. Estate of Cowling v. Estate of Cowling.
Lorain App. No. 01CA007944 and 03CA008226, 2004-Ohio-2655.
This cause is pending before the court as an appeal from the Court of
Appeals for Lorain County. It appearing to the court that the entire
court of appeals' record has not been transmitted to this court,
IT IS ORDERED by the court, pursuant to S.Ct.Prac.R. V(6), that the
Clerk of the Lorain County Court of Appeals shall certify and transmit
the record of proceedings before the trial court to the Clerk of this court
within twenty days of the date of this entry.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1223. State ex rel. Estate of Hards v. Klammer.
Lake App. No. 2004-L-189, 2005-Ohio-2655.

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Monday, December 12, 2005

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

MOTION AND PROCEDURAL RULINGS

2005-1633. Am. Retirement Corp. v. Cuyahoga Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-P-410. This cause is pending before
the court as an appeal from the Board of Tax Appeals. Upon consideration
of the parties' joint motion to remand this cause to the Board of Tax
Appeals,
IT IS ORDERED by the court that the motion is granted and this cause
is remanded to the Board of Tax Appeals to implement the settlement
agreement of the parties.

2005-1932. Time Warner Operations, Inc. v. Wilkins.
Board of Tax Appeals, No. 2003-R-1811. This cause is pending before
the court as an appeal from the Board of Tax Appeals. Upon consideration
of appellant's motion to consolidate this appeal with 2005-1933, Time
Warner Entertainment v. Wilkins, Board of Tax Appeals, No. 2003-R-1810,
IT IS ORDERED by the court that the motion is granted.
IT IS FURTHER ORDERED by the court that the parties shall combine the
briefing of 2005-1932 and 2005-1933 and file one brief for each permitted
under S.Ct.Prac.R. VI, the parties shall file an original of the brief in each case
and 18 copies of the brief, and the parties shall otherwise comply with the
requirements of S.Ct.Prac.R. VI.

2005-1933. Time Warner Entertainment v. Wilkins.
Board of Tax Appeals, No. 2003-R-1810. This cause is pending before
the court as an appeal from the Board of Tax Appeals. Upon consideration
of appellant's amended motion to consolidate this appeal with 2005-1932,
Time Warner Operations, Inc. v. Wilkins, Board of Tax Appeals,
No. 2003-R-1811,
IT IS ORDERED by the court that the motion is granted.
IT IS FURTHER ORDERED by the court that the parties shall combine
the briefing of 2005-1932 and 2005-1933 and file one brief for each
permitted under S.Ct.Prac.R. VI, the parties shall file an original of the brief
in each case and 18 copies of the brief, and the parties shall otherwise
comply with the requirements of S.Ct.Prac.R. VI.

MISCELLANEOUS DISMISSALS

2005-1747. State ex rel. McCarty v. Brunsman.
Ross App. No. 05CA2861. This cause is pending before the court as an appeal
from the Court of Appeals for Ross County. It appears from the records of this
court that appellant has not filed a merit brief, due December 7, 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.

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