05/09/2003 Case Announcement - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 05/09/2003 Case Announcement, 2003-Ohio-2332.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

May 9, 2003

MOTION AND PROCEDURAL RULINGS

2003-0137. State v. Jackson.
Trumbull C.P. No. 01CR794. This cause is pending before the court as an appeal
from the Court of Common Pleas of Trumbull County. Upon consideration of the
joint motion for extension of time to transmit the record because exhibits in the
record will be needed in the case against appellant's co-defendant, now pending in
the Trumbull County Common Pleas Court,

IT IS ORDERED by the court that the motion for extension of time to
transmit the record be, and hereby is, granted, and the time for transmitting the
record is extended to July 7, 2003.

2003-0783. State ex rel. Plain Dealer Publishing Co. v. Burney.
In Prohibition. This cause originated in this court on the filing of a complaint for a
writ of prohibition. Upon consideration of relator's motion for immediate relief
and expedited consideration,

IT IS ORDERED by the court, sua sponte, that an alternative writ be, and
hereby is, granted and the following briefing schedule is set for presentation of
evidence and filing of briefs pursuant to S.Ct.Prac.R. X:

The parties shall file any evidence they intend to present within 20 days of
the date of this entry; relator shall file its brief within 10 days after the filing of
evidence; respondent shall file her brief within 20 days after the filing of relator's
brief; and relator may file a reply brief within 5 days after the filing of
respondent's brief.

IT IS FURTHER ORDERED by the court that the portion of respondent's
order the relator seeks to prohibit is stayed pursuant to S.Ct.Prac.R. X(6).

Lundberg Stratton, J., concurs but would leave the judge's order in place and
not stay it.

O'Connor, J., would grant a peremptory writ.

Cook, J., not participating.

MISCELLANEOUS DISMISSALS

2003-0390. State ex rel. Americare Corp. v. Logan.
Franklin App. No. 02AP-556, 2003-Ohio-627. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. It appears from
the records of this court that appellant has not filed a merit brief, due April 30,
2003, in compliance with the Rules of Practice of the Supreme Court and therefore
has failed to prosecute this case with the requisite diligence. Upon consideration
thereof,

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

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):

2003-0798. Tacohio Dev., L.L.C. v. Franklin Cty. Bd. of Revision.
Board of Tax Appeals, Nos. 2003-T-211, 2003-T-213, 2003-T-215 and 2003-T-
217.
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05-09-03