05/02/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

May 2, 2005

[Cite as 05/02/2005 Case Announcements, 2005-Ohio-2024.]

MOTION AND PROCEDURAL RULINGS

2005-0457. Sheaffer v. Westfield Ins. Co.
Holmes App. No. 03CA006, 2004-Ohio-6755. On review of order certifying a
conflict. The court determines that a conflict exists. The parties are to brief the
issue stated in the court of appeals' Judgment Entry filed March 4, 2005:

"Whether a judgment for damages entered following application of and
based on entitlement to UM/UIM benefits under R.C. 3937.18 precludes
retrospective application of a decision by the Ohio Supreme Court changing the
relevant law where the Ohio Supreme Court issued the subject decision after the
trial court entered the judgment for damages but before the 30 day time to appeal
from the trial court's judgment ran."

Moyer, C.J., Resnick and Pfeifer, JJ., dissent.

The conflict case is Adams v. Osterman, Franklin App. No. 03AP-547,
2004-Ohio-1412.

Sua sponte, cause consolidated with 2005-0078, Sheaffer v. Westfield Ins.
Co., Holmes App. No. 03CA006, 2004-Ohio-6755.

APPEALS ACCEPTED FOR REVIEW

2005-0078. Sheaffer v. Westfield Ins. Co.
Holmes App. No. 03CA006, 2004-Ohio-6755. Discretionary appeal accepted and
cause consolidated with 2005-0457, Sheaffer v. Westfield Ins. Co., Holmes App.
No. 03CA006, 2004-Ohio-6755.

Lundberg Stratton and O'Donnell, JJ., would also reverse the judgment of
the court of appeals on the authority of Hopkins v. Dyer, 104 Ohio St.3d 461,
2004-Ohio-6769, 820 N.E.2d 329.

Resnick, Pfeifer and Lanzinger, JJ., dissent.