07/15/2003 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 07/15/2003 Case Announcements, 2003-Ohio-3717.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

July 15, 2003

MOTION AND PROCEDURAL RULINGS

2002-2241. State v. Monroe.
Franklin C.P. No. 01CR042118. This cause is pending before the court as a death
penalty appeal from the Court of Common Pleas of Franklin County. Upon
consideration of appellant's motion for stay of execution pending disposition of his
appeal by this court,

IT IS ORDERED by the court that the motion for stay of execution be, and
hereby is, granted.

2003-0829. State ex rel. Shandrow v. Roger Corp.
Franklin App. No. 02AP-342. This cause is pending before the court as an appeal
from the Court of Appeals for Franklin County. Upon consideration of appellant's
motion for extension of time to file 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 appellant's merit brief is due on or before August 4, 2003.

2003-1129. State v. Perdue.
Mahoning App. No. 00CA244. This cause is pending before the court as a
discretionary appeal from the Court of Appeals for Mahoning County. Upon
consideration of appellant's motion for stay of court of appeals' judgment,

IT IS ORDERED by the court that the motion for stay be, and hereby is,
denied.

Resnick and F.E. Sweeney, JJ., dissent.

APPEALS ACCEPTED FOR REVIEW

2003-0423. RPM, Inc. v. Oatey Co.
Medina App. Nos. 3282-M and 3289-M, 2003-Ohio-367.

Moyer, C.J., F.E. Sweeney and O'Connor, JJ., dissent.

2003-0510. Mazza v. Am. Continental Ins. Co.
Summit App. No. 21192, 2003-Ohio-360. Discretionary appeal allowed on
Propositions of Law I and II only. Proposition of Law I is held for the decision in
2002-0610, Geren v. Westfield Ins. Co., Lucas App. No. L-01-1398, 2002-Ohio-
1230; Proposition of Law II is held for the decision in 2002-0579, Burkhart v. CNA
Ins. Co., Stark App. No. 2001CA00265, 2002-Ohio-903; briefing schedule stayed.

Resnick, Pfeifer and Lundberg Stratton, JJ., dissent.
Discretionary
cross-appeal
denied.

2003-0641. Buckley v. Wintering.
Franklin App. No. 02AP-511. Discretionary appeal allowed on Propositions of
Law II and III only.

Lundberg Stratton and O'Donnell, JJ., concur but would allow all
propositions of law.

O'Connor, J., concurs but would allow all propositions of law and hold for
2003-0302 and 2003-0362, Taylor v. Kemper Ins. Co., Cuyahoga App. No. 81360,
2003-Ohio-177, and 2002-0932, Westfield Ins. Co. v. Galatis, Summit App. No.
20784, 2002-Ohio-1502.

Moyer, C.J., concurs but would hold Proposition of Law II for 2002-0610,
Geren v. Westfield Ins. Co., Lucas App. No. L-01-1398, 2002-Ohio-1230, and
Proposition of Law III for Taylor.

Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.

2003-0664. Modzelewski v. Yellow Freight, Inc.
Summit App. No. 21205, 2003-Ohio-827.

Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.

2003-0671. Richard v. Nationwide Mut. Ins. Co.
Franklin App. No. 02AP-140, 2003-Ohio-1179. Discretionary appeal allowed and
cause held for decision in 2002-2138, Saunders v. Mortensen, Erie App. No. E-02-
008, 2002-Ohio-6244; and briefing schedule stayed.

Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.
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07-15-03

APPEALS NOT ACCEPTED FOR REVIEW

2003-0177. Tilton v. Cockfield.
Cuyahoga App. No. 80333, 2002-Ohio-6808.

F.E. Sweeney and Pfeifer, JJ., dissent.

Moyer, C.J., dissents and would hold the cause for the decision in 2002-
0579, Burkhart v. CNA Ins. Co., Stark App. No. 2001CA00265, 2002-Ohio-903.

2003-0793. Engelskirger v. Wadsworth.
Medina App. No. 02CA0040M, 152 Ohio App.3d 132, 2003-Ohio-1291.

Moyer, C.J., Resnick and Lundberg Stratton, JJ., dissent.

2003-1026. In re Rinaldi.
Allen App. No. 10274, 2003-Ohio-2562.

Moyer, C.J., O'Connor and O'Donnell, JJ., dissent.

DISCIPLINARY CASES

2000-0761. Disciplinary Counsel v. Gettys.

This cause came on for further consideration upon the filing of an
application for reinstatement by respondent, Robert Patrick Gettys, Attorney
Registration No. 0032534, last known business address in Covington, Kentucky.

The court coming now to consider its order of October 25, 2000, wherein the
court, pursuant to Gov.Bar R. V(6)(B)(3), suspended respondent for a period of
two years with the second year stayed and placed respondent on probation for two
years with conditions, finds that respondent has substantially complied with that
order and with the provisions of Gov.Bar R. V(10)(A). Therefore,

IT IS ORDERED by this court that Robert Patrick Gettys, be and hereby is,
reinstated to the practice of law in the state of Ohio.

IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made publication be made as provided for in Gov. Bar R. V(8)(D)(2), and that
respondent bear the costs of publication.

2002-0720. Toledo Bar Assn. v. Cook.
Upon consideration of the motion for admission pro hac vice of Robert H. Golden
and Armand D. Kunz to appear on behalf of respondent, filed by James F. Hadley,

IT IS ORDERED by the court that the motion be, and hereby is, granted.

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07-15-03

2002-1131. Disciplinary Counsel v. Washington.
This cause came on for further consideration upon the filing by respondent, Dale
Washington, of a Motion to Waive Costs, Accrued Costs with Condition Attached.
Upon consideration thereof,

IT IS ORDERED by the court that the motion be, and hereby is, denied.

2003-0658. In re Resignation of Gibson.
On April 11, 2003, respondent, Robert Allen Gibson, Attorney Registration No.
0034081, last known business address in Cincinnati, Ohio, who was admitted to
the bar of this state on the 11th day of May, 1981, submitted an Affidavit of
Resignation and Authorization and Release pursuant to Gov.Bar R. V(11)(G)(1).
The affidavit and authorization and release were referred to Disciplinary Counsel
pursuant to Gov.Bar R. V(11)(G)(2). On June 3, 2003, Disciplinary Counsel filed
under seal its report with this court in accordance with Gov.Bar R. V(11)(G)(2).
Upon consideration thereof,

IT IS ORDERED by the court that pursuant to Gov.Bar R. V(11)(G)(3),
Robert Allen Gibson's resignation as an attorney and counselor at law be accepted
as a resignation with disciplinary action pending. It is further ordered that his
Certificate of Admission to the bar of Ohio be, and the same hereby is, ordered
cancelled and that the name of Robert Allen Gibson be stricken from the roll of
attorneys of this court.

IT IS FURTHER ORDERED AND ADJUDGED that from and after this
date all rights and privileges extended to Robert Allen Gibson to practice law in
the state of Ohio be withdrawn; that henceforth Robert Allen Gibson shall cease to
hold himself forth as an attorney authorized to appear in the courts of this state;
that he shall not attempt, either directly or indirectly, to render services as an
attorney or counselor at law to or for any individuals, corporation, or society, or in
any way perform or seek to perform services for anyone, no matter how
constituted, that must, by law, be executed by a duly appointed and qualified
attorney within the state of Ohio.

IT IS FURTHER ORDERED that Robert Allen Gibson desist and refrain
from the practice of law in any form, either as principal or agent or clerk or
employee of another, and hereby is forbidden to appear in the state of Ohio as an
attorney and counselor at law before any court, judge, board, commission or other
public authority, and hereby is forbidden to give another an opinion as to the law
or its application or advise with relation thereto.

IT IS FURTHER ORDERED, sua sponte, by the court, that within 90 days
of the date of this order, respondent shall reimburse any amounts that have been
awarded against the respondent by the Clients' Security Fund pursuant to Gov.Bar
R. VIII(7)(F). It is further ordered, sua sponte, by the court that if, after the date of
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07-15-03

this order, the Clients' Security Fund awards any amount against the respondent
pursuant to Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to
the Clients' Security Fund within 90 days of the notice of such award.

IT IS FURTHER ORDERED that on or before 30 days from the date of
this order, respondent shall:

1.
Notify all clients being represented in pending matters and any co-
counsel of his resignation and his consequent disqualification to act as an attorney
after the effective date of this order and, in the absence of co-counsel, also notify
the clients to seek legal service elsewhere, calling attention to any urgency in
seeking the substitution of another attorney in his place;

2.
Regardless of any fees or expenses due respondent, deliver to all
clients being represented in pending matters any papers or other property
pertaining to the client, or notify the clients or co-counsel, if any, of a suitable time
and place where the papers or other property may be obtained, calling attention to
any urgency for obtaining such papers or other property;

3.
Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in the possession
or control of respondent;

4.
Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of his disqualification to act as an attorney after the
effective date of this order, and file a notice of disqualification of respondent with
the court or agency before which the litigation is pending for inclusion in the
respective file or files;

5.
Send all such notices required by this order by certified mail with a
return address where communications may thereafter be directed to respondent;

6.
File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing proof of
service of notices required herein, and setting forth the address where the affiant
may receive communications; and

7.
Retain and maintain a record of the various steps taken by respondent
pursuant to this order.

IT IS FURTHER ORDERED that on or before 30 days from the date of
this order, respondent surrender his attorney registration card for the 2001/2003
biennium.

IT IS FURTHER ORDERED that until such time as he fully complies with
this order, respondent shall keep the Clerk and the Disciplinary Counsel advised of
any change of address where respondent may receive communications.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
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07-15-03

Practice of the Supreme Court of Ohio, including requirements as to form, number,
and timeliness of filings.

IT IS FURTHER ORDERED, sua sponte, that service shall be deemed
made on respondent by sending this order, and all other orders in this case, by
certified mail to the most recent address respondent has given to the Attorney
Registration Office.

IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Lundberg Stratton, O'Connor
and O'Donnell, JJ., concur.

2003-0732. In re Resignation of Spencer.
On April 24, 2003, respondent, Scott W. Spencer, Attorney Registration No.
0019945, last known business address in Columbus, Ohio, who was admitted to the
bar of this state on the 13th day of May, 1985, submitted an Affidavit of
Resignation and Authorization and Release pursuant to Gov.Bar R. V(11)(G)(1).
The affidavit and authorization and release were referred to Disciplinary Counsel
pursuant to Gov.Bar R. V(11)(G)(2). On June 3, 2003, Disciplinary Counsel filed
under seal its report with this court in accordance with Gov.Bar R. V(11)(G)(2).
Upon consideration thereof,

IT IS ORDERED by the court that pursuant to Gov.Bar R. V(11)(G)(3),
Scott W. Spencer's resignation as an attorney and counselor at law be accepted as a
resignation with disciplinary action pending. It is further ordered that his
Certificate of Admission to the bar of Ohio be, and the same hereby is, ordered
cancelled and that the name of Scott W. Spencer be stricken from the roll of
attorneys of this court.

IT IS FURTHER ORDERED AND ADJUDGED that from and after this
date all rights and privileges extended to Scott W. Spencer to practice law in the
state of Ohio be withdrawn; that henceforth Scott W. Spencer shall cease to hold
himself forth as an attorney authorized to appear in the courts of this state; that he
shall not attempt, either directly or indirectly, to render services as an attorney or
counselor at law to or for any individuals, corporation, or society, or in any way
perform or seek to perform services for anyone, no matter how constituted, that
must, by law, be executed by a duly appointed and qualified attorney within the
state of Ohio.

IT IS FURTHER ORDERED that Scott W. Spencer desist and refrain from
the practice of law in any form, either as principal or agent or clerk or employee of
another, and hereby is forbidden to appear in the state of Ohio as an attorney and
6
07-15-03

counselor at law before any court, judge, board, commission, or other public
authority, and hereby is forbidden to give another an opinion as to the law or its
application or advise with relation thereto.

IT IS FURTHER ORDERED, sua sponte, by the court, that within 90 days
of the date of this order, respondent shall reimburse any amounts that have been
awarded against the respondent by the Clients' Security Fund pursuant to Gov.Bar
R. VIII(7)(F). It is further ordered, sua sponte, by the court that if, after the date of
this order, the Clients' Security Fund awards any amount against the respondent
pursuant to Gov.Bar R. VIII(7)(F), the respondent shall reimburse that amount to
the Clients' Security Fund within 90 days of the notice of such award.

IT IS FURTHER ORDERED that on or before 30 days from the date of this
order, respondent shall:

1.
Notify all clients being represented in pending matters and any co-
counsel of his resignation and his consequent disqualification to act as an attorney
after the effective date of this order and, in the absence of co-counsel, also notify
the clients to seek legal service elsewhere, calling attention to any urgency in
seeking the substitution of another attorney in his place;

2.
Regardless of any fees or expenses due respondent, deliver to all
clients being represented in pending matters any papers or other property
pertaining to the client, or notify the clients or co-counsel, if any, of a suitable time
and place where the papers or other property may be obtained, calling attention to
any urgency for obtaining such papers or other property;

3.
Refund any part of any fees or expenses paid in advance that are
unearned or not paid, and account for any trust money or property in the possession
or control of respondent;

4.
Notify opposing counsel in pending litigation or, in the absence of
counsel, the adverse parties of his disqualification to act as an attorney after the
effective date of this order, and file a notice of disqualification of respondent with
the court or agency before which the litigation is pending for inclusion in the
respective file or files;

5.
Send all such notices required by this order by certified mail with a
return address where communications may thereafter be directed to respondent;

6.
File with the Clerk of this court and the Disciplinary Counsel of the
Supreme Court an affidavit showing compliance with this order, showing proof of
service of notices required herein, and setting forth the address where the affiant
may receive communications; and

7.
Retain and maintain a record of the various steps taken by respondent
pursuant to this order.
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07-15-03

IT IS FURTHER ORDERED that on or before 30 days from the date of this
order, respondent surrender his attorney registration card for the 2001/2003
biennium.

IT IS FURTHER ORDERED that until such time as he fully complies with
this order, respondent shall keep the Clerk and the Disciplinary Counsel advised of
any change of address where respondent may receive communications.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this
court in this case shall meet the filing requirements set forth in the Rules of
Practice of the Supreme Court of Ohio, including requirements as to form, number,
and timeliness of filings.

IT IS FURTHER ORDERED, sua sponte, that service shall be deemed
made on respondent by sending this order, and all other orders in this case, by
certified mail to the most recent address respondent has given to the Attorney
Registration Office.

IT IS FURTHER ORDERED that the Clerk of this court issue certified
copies of this order as provided for in Gov.Bar R. V(8)(D)(1), that publication be
made as provided for in Gov.Bar R. V(8)(D)(2), and that respondent bear the costs
of publication.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer, Lundberg Stratton, O'Connor
and O'Donnell, JJ., concur.

MISCELLANEOUS DISMISSALS

2003-0719. State v. Lentz.
This cause is pending before the court as a discretionary appeal and a claimed
appeal of right. It appears from the records of this court that appellant has not filed
a memorandum in support of jurisdiction, due July 11, 2003, in compliance with
the June 11, 2003 order of this 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.

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

MEDIATION REFERRALS

The following cases have been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):

2003-0865. State ex rel. Josephson v. Indus. Comm.
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07-15-03

Franklin App. No. 02AP-823, 2003-Ohio-1673.

2003-0960. State ex rel. Sanor Sawmill, Inc. v. Indus. Comm.
Franklin App. No. 02AP-880, 2003-Ohio-2413.
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07-15-03