Case update: Myocare v. Hohmann and conditional dismissals

Earlier this year I wrote about Myocare Nursing Home, Inc. v. Hohmann, in which the Eighth District dismissed an appeal for lack of jurisdiction. The parties had stipulated to a "conditional dismissal" of a compulsory counterclaim, but the appellate court ruled that Ohio law doesn't recognize conditional dismissals, and that as a result the counterclaim remained pending in the trial court and the appellate court lacked jurisdiction.

Tenth District: no jurisdiction over appeal from denial of motion for reconsideration

The reason being, of course, that motions for reconsideration of a final judgment simply don't exist under the Civil Rules. Denials of motions for reconsideration therefore can't be final orders, and the court of appeals has no jurisdiction over appeals from non-final orders.

But there is a lot more going on in this case.

More on Belton, Aalim, and disqualifications

In an earlier post I promised more on Belton, Aalim, and related issues. In particular, I want to discuss how the Court, and in particular new Justices Patrick Fischer and Pat DeWine, are handling some unusual procedural issues.

Supreme Court case announcements, 3/15/17

The Court has accepted six new cases for review.

Poor Thomas Warren

At first glance Tom Warren might not be an obvious candidate for your sympathy. He's a partner at Baker Hostetler, where he's the leader of its appellate defense group. Graduate of Harvard College and Stanford Law, former federal prosecutor, adjunct professor at three law schools...