01/10/2003 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as 01/10/2003 Case Announcements, 2003-Ohio-40.]
The Supreme Court of Ohio

CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

January 10, 2003

MOTION AND PROCEDURAL RULINGS

1999-0972. State v. Taylor.
Greene C.P. No. 98CR0054. Upon consideration of the motion filed by counsel for
appellant to stay the execution of sentence in the above-styled cause pending the
timely filing of a petition for a writ of certiorari in the Supreme Court of the United
States,

IT IS ORDERED that said motion be, and hereby is, granted.

IT IS FURTHER ORDERED that the compliance with the mandate and the
execution of sentence be, and hereby are, stayed pending the timely filing of the
petition in the Supreme Court of the United States.

IT IS FURTHER ORDERED that if such petition is timely filed, this stay
shall continue for an indefinite period pending final disposition of this cause by the
Supreme Court of the United States.

1999-1511. State v. Thomas.
Lucas App. No. L-96-020. Upon consideration of the motion filed by counsel for
appellant to stay the execution of sentence in the above-styled cause pending the
timely filing of a petition for a writ of certiorari in the Supreme Court of the United
States and pending the exhaustion of state post-conviction remedies,

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

IT IS FURTHER ORDERED by the court that compliance with the mandate
and execution of sentence be, and hereby are, stayed pending the timely filing of
the petition in the Supreme Court of the United States.

IT IS FURTHER ORDERED that if such petition is timely filed, this stay
shall continue for an indefinite period pending final disposition of this cause by the
Supreme Court of the United States.

IT IS FURTHER ORDERED by the court that this stay shall remain in
effect until exhaustion of all state post-conviction proceedings, including any
appeals.

IT IS FURTHER ORDERED that counsel for the appellant and for the
appellee shall notify this court upon a final disposition by the Supreme Court of the
United States or when all proceedings for post-conviction relief before courts of
this state have been exhausted, whichever occurs later.

2002-1799. Bethesda Healthcare, Inc. v. Zaino.
Board of Tax Appeals, No. 00-J-1591. This cause is pending before the court as an
appeal from the Board of Tax Appeals. Upon consideration of appellant's motion
for extension of time to file appellant's 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 February 3, 2003.

2002-1847. Univ. of Cincinnati Med. Assoc., Inc. v. Zaino.
Board of Tax Appeals, No. 99-A-1413. This cause is pending before the court as
an appeal from the Board of Tax Appeals. Upon consideration of appellant's
motion for extension of time to file appellant's 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 January 31, 2003.

2002-1848. Univ. of Cincinnati Med. Assoc., Inc. v. Zaino.
Board of Tax Appeals, No. 99-A-1411. This cause is pending before the court as
an appeal from the Board of Tax Appeals. Upon consideration of appellant's
motion for extension of time to file appellant's 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 January 31, 2003.

2002-1849. Univ. of Cincinnati Med. Assoc., Inc. v. Zaino.
Board of Tax Appeals, No. 99-A-1412. This cause is pending before the court as
an appeal from the Board of Tax Appeals. Upon consideration of appellant's
motion for extension of time to file appellant's 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 January 31, 2003.

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RECONSIDERATION OF PRIOR DECISIONS

2002-1515. Haley v. Wilson.
Summit App. No. 20967, 2002-Ohio-3987. Reported at 97 Ohio St.3d 1482, 2002-
Ohio-6866, 780 N.E.2d 286. On motion for reconsideration and motion for
clarification of the entry awarding sanctions for frivolous actions. Motions denied.

Cook, J., dissents in part because she would grant the motion for
clarification.

Douglas, J., participated in the decision of this cause before his retirement.

MISCELLANEOUS DISMISSALS

2002-1664. Floom v. Prudential Prop. & Cas. Ins. Co.
Stark App. No. 2001CA00373, 2002-Ohio-4270. This cause is pending before the
court as a discretionary appeal. Upon consideration of appellant's 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.

MEDIATION REFERRALS

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

2002-1799. Bethesda Healthcare, Inc. v. Zaino.
Board of Tax Appeals, No. 00-J-1591.
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