Opinion · Ohlaw Ohio

MOTION DOCKET, 67 Ohio St.3d 1502 (1993)

MOTION DOCKET, 67 Ohio St.3d 1502 (1993), 67 Ohio St. 3d 1502 (Ohio 1993)

Type: Opinion
Court: Ohlaw Ohio
Jurisdiction: Ohlaw
Date: 1993-01-01
Topic: general

MOTION DOCKET, 67 Ohio St.3d 1502 (1993) 622 N.E.2d 648-660Supreme Court of Ohio. 1993. MOTION DOCKET Wednesday, November 17, 1993 86-1499. State v. Sowell. Hamilton County, No.

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MOTION DOCKET,67 Ohio St.3d 1502(1993)

622 N.E.2d 648-660

Supreme Court of Ohio.

1993.

MOTION DOCKET

Wednesday, November 17, 1993

86-1499.State v. Sowell.Hamilton County, No. C-830835. On motion for delayed reinstatement of appeal. Motion denied.

WRIGHT, J., dissents.92-1350.State ex rel. Maurer v. Sheward.Franklin County, No. 91AP-1442. On motion to consolidate with 93-1165,Wilkinson v.Voinovich, Franklin County, Nos. 92AP-674, 92AP-675, 92AP-677 and 92AP-678. Motion granted.

A.W. SWEENEY, WRIGHT and RESNICK, JJ., would also grant twenty minutes per side.92-2078.Citywide Coalition for Util. Reform v. Pub. Util. Comm. Public Utilities Commission, No. 91-410-EL-AIR. On motion for leave to file additional authorities. Motion denied.

PFEIFER, J., dissents.

WRIGHT, J., not participating.Page 150392-2101.Cincinnati v. Pub. Util. Comm. Public Utilities Commission, No. 91-410-EL-AIR. On motion for leave to file additional authorities. Motion denied.

WRIGHT, J., not participating.92-2565.State v. Scudder.Franklin County, No. 91AP-506. Onmotions to supplement record. Motions denied. On request for extension of time. Request denied.92-2628.State v. Johnson.Summit County, No. 15065. On motion to remand. Motion denied. On request for extension of time. Request denied.93-131.State ex rel. Russell v. Ehrnfelt.Cuyahoga County, No. 64242. On motion to correct published record. Motion denied.

PFEIFER, J., dissents.93-241.Brennaman v. R.M.I. Co.Ashtabula County, Nos. 92-A-1689 and 92-A-1690. On motion for leave to fileamicusof Ohio Association of Consulting Engineers et al. Motion granted.93-278.Moskovitz v. Mt. Sinai Med. Ctr.Cuyahoga County, Nos. 60464 and 61166. On motion for leave to amend appellee's brief. Motion granted.93-294.Liddell v. SCA Serv. of Ohio, Inc.Cuyahoga County, No. 61129. On motion for leave to fileamicusof Ohio Association of Civil Trial Attorneys. Motion granted. On request for extension of time. Request granted.93-326.State ex rel. Dispatch Printing Co. v. Lias.FranklinCounty, No. 93AP-42.Sua sponte, this cause is set for oral argument.

A.W. SWEENEY, J., dissents.93-519.Oakwood Club v. Cuyahoga Cty. Bd. of Revision. Board of Tax Appeals, Nos. 90-M-1446, 90-M-1447, 90-M-1448 and 90-M-1449. On motion to strike. Motion denied.

F.E. SWEENEY, J., dissents.93-529.Ricciardi v. Babcock Wilcox Co.Summit County, No. 15728. On motion for leave to fileamicusof Phung. Motion granted.

MOYER, C.J., dissents.

DOUGLAS, J., not participating.93-640.Wright v. Bloom.Summit County, No. 15665. On motion to dismiss or to consolidate with 93-735,Wright v. Bloom, Summit County, No. 15665. Motion to consolidate granted; briefing is to be confined to the issue(s) certified in 93-735.93-646.Leber v. Smith.Erie County, No. E-87-43. On motion for leave to exceed page limit. Motion granted, but briefs are limited to seventy-five pages.

A.W. SWEENEY and DOUGLAS, JJ., would grant the motion.

RESNICK, J., not participating.

On motion for extension of time. Motion granted.

RESNICK, J., not participating.93-740.Henderson v. Lincoln Natl. Specialty Ins. Co. Certified Question of State Law, No. 393CV7036. On motion for leave to file response toamicusbrief. Motion granted.93-936.Phung v. Waste Mgt., Inc.Sandusky County, No. S-91-48. On motion to set briefing schedule. Motion granted.

F.E. SWEENEY, J., dissents.

DOUGLAS and RESNICK, JJ., not participating.93-966.Petratos v. Markakis.Cuyahoga County, No. 61377. On motion for leave to fileamicusof Ohio Academy of Trial Lawyers. Motion granted.93-1000.Wilson v. Stark Cty. Dept. of Human Serv.StarkCounty, No. CA-9079. On motion for leave to fileamicusof County Commissioners Association of Ohio. Motion granted.93-1135.State v. Barnett.Seneca County, No. 13-92-3. On motion to release from custody. Motion denied;sua sponte, cause remanded to trial court to set bond pursuant to Crim.R. 46.Page 150493-1228.Campbell v. Ohio Dept. of Rehab. Corr.FranklinCounty, Nos. 92AP-1168 and 92AP-821. On motion to clarify court order. Motion denied.93-1541.Musisca v. Massillon Community Hosp.Stark County, No. CA-9123. On motion to dismiss. Motion denied.

WRIGHT, J., dissents.93-1666.Nationwide Mut. Ins. Co. v. Jones.Cuyahoga County, No. 62779. On motion to consolidate with 93-1882,McCoy v. W.Reserve Mut. Lightning Rod Mut. Ins. Co., Montgomery County, No. 13808. Motion denied.

PFEIFER, J., dissents.93-1684.State v. McDonald.Stark County, No. CA-9033. On motion to appoint counsel for appellee.Sua sponte, this cause is remanded to the court of appeals for appointment of counsel.93-1689.In re Hays.Hamilton County, No. C-920118. On motion for leave to file appellant's brief instanter. Motion granted.93-1819.In re Reiner.Cuyahoga County, No. 65292. On motions for leave to file memorandum in support instanter and to reconsider denial of extension. Motions granted.

MOYER, C.J., WRIGHT and RESNICK, JJ., dissent.93-1858.State v. Hamann.Cuyahoga County, Nos. 62652 and 62689. On motion for leave to file delayed appeal. Motion granted.

MOYER, C.J., A.W. SWEENEY and WRIGHT, JJ., dissent.93-1869.Hatfield v. Hatfield.Ross County, No. 1897. On motion for leave to exceed page limit. Motion granted.

WRIGHT, F.E. SWEENEY and PFEIFER, JJ., dissent.93-1924.State ex rel. Beason v. Ohio Dept. of Rehab. Corr.Franklin County, No. 93AP-674. On motion to partially remove seal. Motion granted.93-2004.State ex rel. Henderson v. Blake. In Quo Warranto. On motion for stay. Motion granted.

PFEIFER, J., dissents.

On motion to expedite. Motion granted.93-2015.In re Estate of LaJoie.Lucas County, No. L-92-234. On motions to reconsider denial of extension and to file instanter. Motions denied.

DOUGLAS and PFEIFER, JJ., dissent.93-2023.State v. Costella.Cuyahoga County, Nos. 61898, 61899, 61900 and 61901. On motion for leave to file delayed appeal. Motion denied.

DOUGLAS, RESNICK and PFEIFER, JJ., dissent.93-2119.State v. Gordon.Franklin County, No. 89AP-279. On motion for stay or for extension of time. Motion for stay denied; thirty-day extension of time granted.

WRIGHT, F.E. SWEENEY and PFEIFER, JJ., dissent.93-2179.State v. Lundgren.Lake County, Nos. 90-L-15-140 and 90-L-036. This cause is pending before the court as an appeal from the Court of Appeals for Lake County. Upon consideration of appellant's motion for stay of execution currently scheduled for December 1, 1993,

IT IS ORDERED by the court that the motion for stay be, and the same is hereby, granted, effective November 16, 1993.93-2191.State v. Lesher.Geauga County, No. 92-G-1681. On motion for stay. Motion denied.

F.E. SWEENEY, J., dissents.93-2253.Knighton v. Knighton.Licking County, No. 93-CA-120. On motion for stay and on motion to advance on docket. Motions granted.

MOYER, C.J., WRIGHT and PFEIFER, JJ., dissent.93-2255.State ex rel. Monroe Cty. Bd. of Edn. v. Burkhart. In Prohibition. This cause originated in this court on the filing of a complaint for a writ of prohibition. Upon consideration ofPage 1505relators' request for an alternative writ of prohibition,

IT IS ORDERED by the court that the request be, and hereby is, granted to the extent that respondent shall show cause on or before November 24, 1993, why a peremptory writ of prohibition should not be issued.

MOYER, C.J., WRIGHT, F.E. SWEENEY and PFEIFER, JJ., concur.

A.W. SWEENEY, DOUGLAS and RESNICK, JJ., dissent.

DOUGLAS, J., dissenting. I respectfully dissent. This court should immediately grant a peremptory writ of prohibition on the basis that the trial court has no jurisdiction, pursuant to R.C. Chapter 4117, over the matter in question. InCentral OhioTransit Auth. v. Transport Workers Union of America, Local 208(1988),37 Ohio St.3d 56,524 N.E.2d 151, paragraph two of the syllabus, we held: "Under R.C.4117.16(A), the court of common pleas is without jurisdiction over a strike by public employees after the State Employment Relations Board has determined pursuant to that statute that the strike does not pose a clear and present danger to the public health or safety."

A.W. SWEENEY and RESNICK, JJ., concur in the foregoing dissenting opinion.