01/13/2005 Case Announcements - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

January 13, 2005

[Cite as 01/13/2005 Case Announcements, 2005-Ohio-75.]

MOTION AND PROCEDURAL RULINGS

2001-2072. State v. Adams.
Trumbull C.P. No. 00-CR-700. This cause came on for further consideration upon
the filing of a motion for stay of execution pending the filing and disposition of a
petition for writ of certiorari in the Supreme Court of the United States. Upon
consideration thereof,

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

IT IS FURTHER ORDERED that 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 the final disposition of this cause by
the Supreme Court of the United States.

2003-1653. In re All Kelley & Ferraro Asbestos Cases.
Cuyahoga App. Nos. 78158, 78159, 78299, 78301, 80083, 80332, 80673, and
81576, 153 Ohio App.3d 458, 2003-Ohio-3936. This cause came on for further
consideration upon the filing of a notice regarding the bankruptcy status of
appellant Pfizer Inc. On December 20, 2004, appellant Pfizer Inc., filed a notice
indicating that the United States Bankruptcy Court for the Southern District of
New York granted relief from the federal stay for purposes of continuing
proceedings in this matter. On December 30, 2004, this court issued a decision on
the merits in this case. Accordingly,
IT IS ORDERED by the court that the stay pertaining to appellant Pfizer
Inc., issued by this court on September 13, 2004, be, and hereby is, dissolved.

IT IS FURTHER ORDERED by the court that the stay pertaining to
appellant Quigley Company, Inc., and all other aspects of this court's December
30, 2004 judgment entry and mandate, remain in effect.

2004-0373. In re All Kelley & Ferraro Asbestos Cases v. Amchem Products,
Inc.
Cuyahoga App. No. 82424, 2003-Ohio-7239. This cause is pending before the
court as an appeal from the Court of Appeals for Cuyahoga County. On December
20, 2004, appellant Quigley Company, Inc., filed a notice and suggestion of stay
under the federal Bankruptcy Code. Upon consideration thereof,
IT IS ORDERED by the court that the proceedings in this case involving
appellant Quigley Company, Inc., be, and hereby are stayed pending further order
of this court.
IT IS FURTHER ORDERED by the court, sua sponte, that appellant
Quigley Company, Inc., shall file a notice with this court upon termination of the
stay under the Bankruptcy Code or by the United States Bankruptcy Court.
IT IS FURTHER ORDERED by the court that this stay does not apply to the
remaining parties in this case.

2004-2114. Cleveland Bar Assn. v. Sharp Estate Servs., Inc.
This cause came on for consideration upon the filing of a report and
recommendation of the Board of Commissioners on the Unauthorized Practice of
Law. The board filed certain documents under seal and requests that the
documents remain under seal.

IT IS ORDERED by the court that the request is granted. The following
documents contained within the original board papers are sealed and will remain
under seal until further order of the court: documents filed on December 13, 2002,
by relator in connection with relator's Reply Brief in Support of Motion to
Compel; relator's exhibits 47 through 58 filed on December 31, 2002; relator's
exhibits 76 and 77 filed January 7, 2003; respondents The Estate Plan and Henry
Abts III Bates stamped exhibits 00001 through 00308 and TEP 00001 through
0054 filed December 31, 2002; and, respondents The Estate Plan and Henry Abts
III exhibits A through KK filed January 6, 2003.

MISCELLANEOUS DISMISSALS

2004-0142. State ex rel. Pethe v. Indus. Comm.
Franklin App. No. 02AP-1202, 2003-Ohio-6832. This cause is pending before the
court as an appeal from the Court of Appeals for Franklin County. Upon
consideration of appellant's application for dismissal,
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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.

2004-1421. State ex rel. Chesnick v. Nestle USA - Prepared Foods Div., Inc.
Franklin App. Nos. 03AP-628 and 03AP-857, 2003-Ohio-6832. This cause is
pending before the court as an appeal from the Court of Appeals for Franklin
County. 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.

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