04/15/2003 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 04/15/2003 Case Announcements, 2003-Ohio-1885.]

The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

April 15, 2003

MOTION AND PROCEDURAL RULINGS

2002-0053. Pearce v. Fouad.
Franklin App. No. 00AP-837, 146 Ohio App.3d 496, 2001-Ohio-3986. This cause
is pending before the court as a discretionary appeal and cross-appeal and claimed
appeal of right. On March 4, 2002, this court stayed further proceedings in this
case and ordered appellee/cross-appellant to file a notice with this court upon the
termination of the automatic stay under the Bankruptcy Code.

IT IS ORDERED by the court, sua sponte, that appellee/cross-appellant file
a notice advising this court of the status of the bankruptcy case, within 15 days of
the date of this entry.

2002-1454. State ex rel. Weist v. Cuyahoga Cty. Bd. of Commrs.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. Upon consideration of relators' motion for extension of time to
file relators' merit brief pursuant to S.Ct.Prac. R. XIV(6)(C),

IT IS ORDERED by the court that the motion for extension of time be, and
hereby is, granted, and relators' merit brief is due on or before May 12, 2003.

2002-1455. State ex rel. Weist v. Mason.
In Mandamus. This cause originated in this court on the filing of a complaint for a
writ of mandamus. Upon consideration of relators' motion for extension of time to
file relators' merit brief pursuant to S.Ct.Prac.R. XIV(6)(C),

IT IS ORDERED by the court that the motion for extension of time be, and
hereby is, granted, and relators' merit brief is due on or before May 12, 2003.

2002-1939. State v. Payne.
Harrison App. No. 01-533 CA, 2002-Ohio-5180. This cause is pending before the
court as a discretionary appeal and claimed appeal of right. On November 12,
2002, 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 not 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 as provided by
S.Ct.Prac.R. IV(4)(C),

IT IS ORDERED by the court, sua sponte, that appellant show cause within
20 days 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).

DISCIPLINARY CASES

2001-1877. Cincinnati Bar Assn. v. Buckley.
On application of Dennis J. Buckley for reinstatement. Application granted.

MISCELLANEOUS DISMISSALS

2003-0038. Goodlett v. Ohio Cas. Group.
Butler App. No. CA2002-04-090. This cause is pending before the court as an
appeal from the Court of Appeals for Butler County. Upon consideration of the
joint application for dismissal,

IT IS ORDERED by the court that the application for dismissal be, and
hereby is, granted.

ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause
be, and hereby is, dismissed.

2003-0116. Goodlett v. Ohio Cas. Group.
Butler App. No. CA2002-04-090. This cause is pending before the court on the
certification of a conflict by the Court of Appeals for Butler County. Upon
consideration of the joint application for dismissal,

IT IS ORDERED by the court that the application for dismissal be, and
hereby is, granted.

ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause
be, and hereby is, dismissed.

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04-15-03

ADMINISTRATIVE ACTIONS

1. An amendment to Sup.R. 41(B)(3)(a) (Conflict of Trial Date
Assignments) will be published for public comment.

2. An amendment to S.Ct.Prac.R. III (Determination of Jurisdiction on
Claimed Appeals of Right and Discretionary Appeals) was adopted.

3. Judge Mary E. Kilbane was appointed to the Traffic Rules Review
Commission.

4. Prof. Mary Beth Beazley was appointed to the Commission on Legal
Education Opportunity.

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04-15-03