07/24/2024

Case Caption Case No. Topics and Issues Author Citation
McCullough v. Bennett 2022-0879Saving statute—R.C. 2305.19(A)—Plaintiff may use saving statute to file claim a third time when plaintiff’s first two complaints failed otherwise than on the merits and third complaint was filed within one year of dismissal of second complaint—“One-use” restriction on use of saving statute is not supported by statutory text of R.C. 2305.19(A)—Judgment affirmed.DeWine, J.Slip Opinion No. 2024-Ohio-2783
State ex rel. Smith v. Hamilton Cty. Court of Common Pleas 2024-0028Mandamus—Prohibition—A court of common pleas is not sui juris, and suing an entity that is not sui juris is a ground for dismissal—Civ.R. 52 has no application to a long-closed criminal case—New arguments may not be raised on appeal—Prohibition claim did not allege that trial court exercised judicial power unauthorized by law—Court of appeals’ judgment granting motion to dismiss affirmed.Per CuriamSlip Opinion No. 2024-Ohio-2779
07/24/2024 Case Announcements  Merit decisions with opinions—Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review—Miscellaneous dismissals.  
State ex rel. Cotten v. Frericks 2023-1465Mandamus—Appellant had adequate remedy in ordinary course of law through appeal—Court of appeals’ judgment affirmed.Per CuriamSlip Opinion No. 2024-Ohio-2778
State ex rel. Boyle v. Chambers-Smith 2023-1386Mandamus—Appellant’s failure to raise an objection to magistrate’s decision adopted by appellate court that he had adequate remedy in ordinary course of law waives any such argument on appeal—Court of appeals’ judgment affirmed.Per CuriamSlip Opinion No. 2024-Ohio-2777
07/24/2024 Case Announcements #2  Reconsideration of prior decisions.  
07/24/2024 Case Announcements #3  Motion and procedural rulings—Miscellaneous dismissals—Mediation matters.