Opinion · Ohlaw Ohio

MOTION DOCKET, 77 Ohio St.3d 1520 (1997)

77 Ohio St.3d 1520

Type: Opinion
Court: Ohlaw Ohio
Jurisdiction: Ohlaw
Date: 1997-01-01
Topic: general

MOTION DOCKET, 77 Ohio St.3d 1520 (1997) 674 N.E.2d 368-378Supreme Court of Ohio. 1997. MOTION DOCKET Wednesday, January 15, 199796-779. State v. Creasey. Cuyahoga App.

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MOTION DOCKET,77 Ohio St.3d 1520(1997)

674 N.E.2d 368-378

Supreme Court of Ohio.

1997.

MOTION DOCKET

Wednesday, January 15, 1997

96-779. State v. Creasey.

Cuyahoga App. No. 65717. On request for findings of fact/conclusions of law. Request denied.96-1054. Enyart v. Columbus Metro. Area Community Action Org.

Franklin App. No. 95APE08-1033. On motion to consolidate case with case No. 96-2235,Enyart v. Columbus Metro. Area CommunityAction Org., Franklin App. No. 96APE01-42. Motion granted.

LUNDBERG STRATTON, J., dissents.Sua sponte, discretionary appeal allowed in 96-2235.

COOK and LUNDBERG STRATTON, JJ., dissent.

On motion for sanctions pursuant to Civil Rule 11; revised motion to vacate entry granting stay of execution of judgment and motion to expedite; motion to strike appellants' supplement, and motion for sanctions; motion to require appellants to post bond; and motion to expedite appeal. Motions denied.

PFEIFER, J., dissents.96-2155. Risien v. Indus. Comm.

Franklin App. No. 95APD03-336. On motion for admissionpro hacviceof Harold G. Levison filed by Eric K. Combs. Motion granted.96-2247. State ex rel. The Plain Dealer v. Ohio Dept. of Ins.

In Mandamus. On answer of respondent.Sua sponte, alternative writ granted. On motion for leave to intervene by Blue Cross Blue Shield Mutual of Ohio. Motion granted.

On request to expedite. Request denied.

PFEIFER, J., dissents.Sua sponte, cause to be scheduled for oral argument.96-2333. Zukowski v. Testa.

Franklin App. No. 96APH03-358. On motion for stay of proceedings. Motion denied.96-2384. Ron Scheiderer Assoc. v. London.

Madison App. No. CA95-08-022. 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' Entry Granting Motion for Certification as follows:Page 1521

"The above cause is before the court pursuant to a motion to certify record filed by counsel for appellant, Daniel E. Shifflet, on August 15, 1996. The motion avers that the judgment of this court filed on August 5, 1996 in the above case is in conflict with a judgment on the same question made by the Hamilton County Court of Appeals in the case styledRiley v.Langer(1994),95 Ohio App.3d 151[642 N.E.2d 1].

"Upon due consideration of the foregoing, the court finds that its judgment is in conflict with the above case and appellant's motion for certification is therefore hereby GRANTED. The question for certification is whether an award for frivolous conduct under R.C.2323.51should include attorney fees incurred in prosecuting the motion for sanctions brought under R.C.2323.51."

F.E. SWEENEY and PFEIFER, JJ., dissent.96-2543. State v. Frederick.

Warren App. No. CA94-12-102. On motion for leave to file delayed appeal. Motion denied.

RESNICK and PFEIFER, JJ., dissent.96-2567. State v. Brown.

Franklin App. No. 91AP-1205. On motion for leave to file delayed appeal. Motion denied.96-2594. State v. Wood.

Portage App. No. 95-P-0009. On motion for leave to file delayed appeal. Motion granted.

RESNICK and F.E. SWEENEY, JJ., dissent.96-2614. State v. Arnold.

Lorain App. No. 93CA005693. On motion for leave to file delayed appeal. Motion denied.

PFEIFER, J., dissents.96-2631. State v. Davis.

Franklin App. No. 96APA02-240. On motion for leave to file delayed appeal. Motion denied.

RESNICK, PFEIFER and LUNDBERG STRATTON, JJ., dissent.96-2639. State v. Knight.

Montgomery App. No. 14278. On motion for leave to file delayed appeal. Motion denied.96-2641. In re Hitchcock.

Cuyahoga App. Nos. 69291 and 69292. On motion to vacate stay of proceedings. Motion denied.

F.E. SWEENEY and LUNDBERG STRATTON, JJ., dissent.96-2625. Yepko v. State Farm Mut. Auto. Ins. Co.

Certified State Law Question, No. 395CV7550. On consideration of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The following question of Ohio law was certified by the United States District Court for the Northern District of Ohio, Western Division:

"Whether a wrongful death claimant who is a statutory beneficiary of an insured decedent can recover under the uninsured motorist provisions of the decedent's insurance policy, either individually or through the administratrix of the decedent's estate, if the claimant is not an insured as defined in the policy."Sua sponte, the certified question and the cause are held for the decision in 96-764 and 96-852,Holt v. Grange Mut. Cas. Co., Butler App. No. CA95-11-192; briefing schedule stayed; oral argument shall not be scheduled.96-2656. Castle Nursing Homes, Inc. v. Sullivan.

Holmes App. No. 95CA541. On motion for supersedeas bond. Motion granted and bond set at $700,000.96-2660. State v. Otis.

Summit App. No. 17489. On motion for leave to file delayed appeal. Motion denied.

RESNICK, PFEIFER and LUNDBERG STRATTON, JJ., dissent.96-2671. State v. Williams.

Stark App. No. 95CA0258. 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 filedPage 1522

November 4, 1996:

"This cause comes before us upon appellant's motion to certify conflict to the Supreme Court pursuant to App.R. 25.

"Upon review we find our opinion in the within is in conflict with the Eighth District Court of Appeals, namely:State v.Parro(February 22, 1979), Cuyahoga App. # 38706, unreported;State v. Mab[r]y(1982),5 Ohio App.3d 13[5 OBR 14,449 N.E.2d 16];State v. Chatmon(May 2, 1985), Cuyahoga App. # 485[6]9, unreported [1985 WL 8972]; andState v. Whalen(November 27, 1991), Cuyahoga App. # 59366, unreported [1991 WL 251668].

"Accordingly we certify the following issue to the Supreme Court for final resolution.

"Whether felonious assault is a lesser included offense of attempted murder?

"We further note we have already certified this issue inStatev. Nelson(August 6, 1996),

Tuscarawas App. #95AP070051, unreported [1996 WL 488879].

"The motion to certify is sustained."

COOK, J., dissents.96-2679. State v. Hall.

Summit App. Nos. 17315 and 17390. On motion for leave to file delayed appeal. Motion denied.

MOYER, C.J., RESNICK and PFEIFER, JJ., dissent.96-2712. State v. Salazar.

Hamilton App. No. C-950047. On motion for leave to file delayed appeal. Motion denied.

PFEIFER, COOK and LUNDBERG STRATTON, JJ., dissent.96-2715. State v. Bartelson.

Trumbull App. No. 95-T-5322. On motion for leave to file delayed appeal. Motion granted.

DOUGLAS, RESNICK and F.E. SWEENEY, JJ., dissent.96-2724. State v. Judd.

Franklin App. No. 96APA03-330. On motion for leave to file delayed appeal. Motion granted.

MOYER, C.J., DOUGLAS and F.E. SWEENEY, JJ., dissent.96-2733. State v. Greathouse.

Huron App. No. H-96-014. On motion for stay of execution of sentence. Motion denied.96-2752. State ex rel. Williams v. Brigano.

Warren App. No. CA96-10-108. On motion for stay. Motion denied.

COOK, J., dissents.96-2768. Bratton v. E. Ohio Gas.

Summit App. No. 18137. On motion for stay. Motion denied.96-2881. State v. Lawson.

Cuyahoga App. No. 69899. On motion for stay. Motion denied.

MOYER, C.J., dissents.97-20. Foster v. Turner.

Madison App. No. CA96-07-028. This cause is pending before the court as a claimed appeal of right. Upon consideration of appellant's motion for appeal bond,

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