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.
Tuesday, March 28, 2017
Wednesday, February 22, 2017
The Supreme Court has announced the acceptance of five new cases (though only three were placed on the active docket). All five cases involve review of decisions from the Eighth District.
Thursday, January 19, 2017
Civil procedure and appellate jurisdiction wonks may be interested in the Eight District's decision in Myocare Nursing Home, Inc. v. Hohmann. The question is whether the civil rules allow for conditional dismissals, and if so whether a conditional dismissal confers appellate jurisdiction over the order disposing of the remaining claims.
Monday, September 12, 2016
Is a member of the public entitled to make a claim under a contractor-licensing bond posted with the city?
Yes, says the Eighth District, in Koster v. Chowdhury. The court's decision--which is correct, in my view--is arguably a reversal of its 1996 unpublished holding in Soltesz v. Dicamillo.