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Monday, April 24, 2006

4/24/2006 - Supreme Court of Ohio Case Announcements

MOTION AND PROCEDURAL RULINGS

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. This cause came on for further
consideration of appellant’s motion for leave to file a motion to
invoke Section 38 of Article II of the Ohio Constitution against
Chief Justice Moyer. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is denied.

2005-2162. Bellman v. Am. Internatl. Group.
Lucas App. No. L-03-1301, 163 Ohio App.3d 540, 2005-Ohio-5250.
This cause is pending as an appeal from the Court of Appeals for
Lucas County. Upon consideration of the motion of appellee
Auto Insurance Company to supplement the record,
IT IS ORDERED by the court that the motion is granted and
that the Clerk of the Lucas County Court of Common Pleas shall
certify and transmit the original filings in Lucas County Common
Pleas Case No. CI 2002-3525 to the Clerk of this court within
twenty days of the date of this entry.

2006-0363. Bd. of Edn. of Kettering City Schools v. Montgomery
Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-A-1209. 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 joint motion to remand is granted.

2006-0646. Ohio Consumers' Counsel v. Public Util. Comm.
Public Utilities Commission, No. 05-792-EL-ATA. This cause is
pending before the court as an appeal from the Public Utilities
Commission. Upon consideration of the motion of Dayton Power
and Light Company for leave to intervene as an appellee,
IT IS ORDERED by the court that the motion is granted.

MISCELLANEOUS DISMISSALS

2005-2134. Preferred Capital, Inc. v. Power Eng. Group, Inc.
Summit App. No. 22475, 163 Ohio App.3d 522, 2005-Ohio-5113.
This cause is pending before the court as an appeal from the Court of
Appeals for Summit County. Upon consideration of the application for
dismissal of appellant Richard Oscar and Associates,
IT IS ORDERED by the court that the application for dismissal is granted.
ACCORDINGLY, IT IS FURTHER ORDERED by the court that the
appeals of the other appellants remain pending.

2006-0111. State v. Lamarr.
Logan App. No. 8-04-39, 2005-Ohio-6030. 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 April 7, 2006,
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):
2006-0267. Roth, Blair, Roberts, Strasfeld & Lodge v. Wilkins.
Board of Tax Appeals, No. 2004-M-1092.
2006-0587. State ex rel. DeLany v. Indus. Comm.
Franklin App. No. 05AP-281, 2006-Ohio-427.
2006-0651. State ex rel. Tussing v. Indus. Comm.
Franklin App. No. 05AP-178, 2006-Ohio-703.

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