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Vandalia-Butler City Schools Bd. of Edn. v. Montgomery Cty. Bd. of Revision

October 5, 2011

VANDALIA-BUTLER CITY SCHOOLS BD. OF EDN.
v.
MONTGOMERY CTY. BD. OF REVISION,



Board of Tax Appeals, No. 2007-M-1022.

CAS E ANNOUNCEMENTS

Cite as 10/05/2011 Case Announcements,

MERIT DECISIONS WITH OPINIONS

Slip Opinion No. 2011-Ohio-5078.

Decision vacated and cause remanded.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2010-0857. Huff v. FirstEnergy Corp., Slip Opinion No. 2011-Ohio-5083.

Trumbull App. No. 2009-TR-00080, 2010-Ohio-1456. Judgment reversed

O'Connor, C.J., and Lundberg Stratton, Lanzinger, Cupp, and McGee Brown, JJ., concur.

Pfeifer and O'Donnell, JJ., concur in judgment only.

2011-0700. Disciplinary Counsel v. Gerchak, Slip Opinion No. 2011-Ohio-5075.

On Certified Report by the Board of Commissioners on Grievances and Discipline,

No. 10-069. David John Gerchak of Youngstown, Ohio, Attorney Registration No.

0069060, is suspended from the practice law in Ohio for a period of one year with the entire suspension stayed on condition.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

MERIT DECISIONS WITHOUT OPINIONS

2011-1218. State ex rel. Portage Cty. Law Library Assn. Bd, of Trustees v. Ohio Pub. Emp. Retirement Sys.

In Mandamus. On answer of respondent. On S.Ct.Prac.R. 10.5 determination, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1235. Fireman's Fund Ins. Co. v. Hartford Acc. and Indemn. Co.

Certified Question of State Law, United States District Court, Northern District of Ohio, Western Division, No. 3:03-cv-7168. On review of preliminary memoranda. The court determines that it will not answer the certified question. This cause is therefore dismissed.

O'Connor, C.J., and Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

Pfeifer, J., dissents.

2011-1244. Galloway v. Cook.

In Procedendo. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1264. Marcum v. Perry Cty. Court.

In Mandamus. On S.Ct.Prac.R. 10.5 determination, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1265. State ex rel. Vansuch v. Krichbaum.

In Prohibition. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1280. Ohio ex rel. Byerly v. Richland Court of Common Pleas, Clerk.

In Procedendo. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1288. State ex rel. Woodland v. Sutula.

In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1333. Henderson v. Eyster.

In Procedendo. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1357. Thomas v. Donnelly.

In Procedendo. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1413. Goldshtein v. Bradshaw.

In Habeas Corpus. On petition for writ of habeas corpus of Feliks Goldshtein. Sua sponte, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

2011-1425. Archie v. Knab.

In Habeas Corpus. On petition for writ of habeas corpus of Eric Archie. Sua sponte, cause dismissed.

O'Connor, C.J., and Pfeifer, Lundberg Stratton, O'Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.

MOTION AND PROCEDURAL RULINGS

1994-1777. State v. Dunlap.

Hamilton App. No. C-930121. On motion to set execution date. Motion denied.

2011-1097. Luri v. Republic Servs, Inc.,

Cuyahoga App. No. 94908, 2011-Ohio-2389. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2010-2148, Havel v. Villa St. Joseph, Cuyahoga App. No. 94677, 2010- Ohio-5251; and briefing schedule stayed.

2011-1327. Vacha v. N. Ridgeville.

Lorain App. No. 10CA009750, 2011-Ohio-2446.

On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2010-1561, Sampson v.

Cuyahoga Metro. Hous. Auth., Cuyahoga App. No. 93411, 188 Ohio App.3d 250, 2010-Ohio-3415; cause consolidated with 2011-1050, Vacha v. N. Ridgeville, Lorain App. No. 10CA009750, 2011-Ohio-2446; and briefing schedule stayed.

2011-1412. State v. Mobley.

Paulding App. No. 11-09-01, 2009-Ohio-5434. On motion for delayed appeal. Motion denied.

2011-1419. State v. Brooks.

Cuyahoga App. No. 83668. On motion for delayed appeal. Motion denied.

2011-1437. State v. Johnson.

Hamilton App. No. C-090620, 2011-Ohio-3143. On motion for delayed appeal. Motion granted.

O'Connor, C.J., and Lanzinger, J., dissent.

2011-1451. State v. Rodgers.

Hancock App. No. 5-10-35. 2011-Ohio-3003. On motion for delayed appeal.

Motion granted. On motion to disregard response. Motion denied as moot.

O'Connor, C.J., dissents and would deny the motion for delayed appeal.

2011-1362. Fed. Home Loan Mtge. Corp. v. Schwartzwald.

Greene App. No. 2010 CA 41, 2011-Ohio-2681.

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals' entry filed July 27, 2011:

"In a mortgage foreclosure action, the lack of standing or a real party in interest defect can be cured by the assignment of the mortgage prior to judgment." The conflict cases are Wells Fargo Bank, N.A. v. Byrd, 178 Ohio App.3d 285, 2008-Ohio-4603, Bank of New York v. Gindele, Hamilton App. No. C- 090251, 2010-Ohio-542, Wells Fargo Bank v. Jordan, Cuyahoga App. 91675, 2009-Ohio-1092.

Sua sponte, cause consolidated with 2011-1201, Fed. Home Loan Mtge. Corp. v. Schwartzwald, Greene App. No. 2010 CA 41, 2011-Ohio-2681.

APPEALS ACCEPTED FOR REVIEW

2011-0902. Bennett v. Goodremont's, Inc.

Lucas App. No. L-10-1185, 2011-Ohio-1264. Cupp and McGee Brown, JJ., dissent. Lanzinger, J., not participating.

2011-0926. Sugarcreek Twp. v. Centerville.

Greene App. No. 2010-CA-52, 193 Ohio App.3d 408, 2011-Ohio-1830. Cupp and ...


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