Showing posts with label Fifth District. Show all posts
Showing posts with label Fifth District. Show all posts

Monday, November 28, 2016

Fifth District: procedendo issued

The Fifth District has issued a writ of procedendo requiring the Morgan County Common Pleas Court to rule on the relator's petition for post-conviction relief. The motion was filed in August 2015 and had not yet been ruled on, despite Superintendence Rule 40(A)(3)'s requirement that motions be resolved within 120 days of filing. The court did observe that litigants have no private right to enforce that rule, but the rule nevertheless bears upon the question of whether the court "has unduly delayed" in issuing a ruling. The case is State ex rel. Smoot v. Favreau.

Tuesday, October 18, 2016

"Replevin action regarding parrot"

In Carlton v. Johnson, the Fifth District affirmed a trial court's judgment that the plaintiff was not entitled to replevin of a parrot.

The Supreme Court Reporter of Decisions describes the issues of the case as "Replevin action regarding parrot/Manifest weight."

That is all.

Wednesday, September 21, 2016