CASE ANNOUNCEMENTS
June 18, 2025 [Cite as 06/18/2025 Case Announcements, 2025-Ohio-2118.]
MERIT DECISIONS WITH OPINIONS
2023-1540. Aramark Corp. v. Harris, Slip Opinion No. 2025-Ohio-2114.
Board of Tax Appeals, No. 2019-2975. Decision affirmed. Fischer, DeWine, Brunner, Deters, and Shanahan, JJ., concur. Kennedy, C.J., dissents, with an opinion joined by Hawkins, J.
2024-0715. State ex rel. Ayers v. Sackett, Slip Opinion No. 2025-Ohio-2115.
In Mandamus. On relator's motion for order compelling discovery responses and motion for order determining the sufficiency of discovery answers. Motions denied as moot. Writ granted in part and denied in part. Relator awarded $1,000 in statutory damages. Relator's request for court costs denied. DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur. Kennedy, C.J., concurs in judgment only.
Fischer, J., concurs in part and dissents in part and would not award statutory damages.
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2024-0875. State ex rel. Macksyn v. Spencer, Slip Opinion No. 2025-Ohio-
2116.
In Mandamus. On relator's motion to strike respondents' merit brief, motion to strike respondents' memorandum in opposition to that motion, motions for judicial notice, "motion for rebuttal presumption of service," and "motion to clarify the record." Motions denied. Limited writ granted. Relator's request for statutory damages deferred pending respondents' compliance with the limited writ. Fischer, DeWine, Deters, Hawkins, and Shanahan, JJ., concur. Kennedy, C.J., concurs in part and dissents in part, with an opinion joined by Brunner, J.
2024-1466. State ex rel. Parikh v. Berkowitz, Slip Opinion No. 2025-Ohio-
2117.
Hamilton App. No. C-240187, 2024-Ohio-4686. On appellant's motion for oral argument. Motion denied. Judgment affirmed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
MERIT DECISIONS WITHOUT OPINIONS
2025-0216. State ex rel. Smith v. Dept. of Dev. Disabilities.
In Mandamus. On motions to dismiss of respondents Ohio Department of Developmental Disabilities, Stark County Board of Developmental Disabilities, and Wayne County Board of Developmental Disabilities. Motions granted. Relators' motion to seal respondent Wood County Board of Developmental Disabilities' motion for order or relief denied but clerk of the court ordered to redact minors' addresses. Sua sponte, cause dismissed as to respondent Wood County Board of Developmental Disabilities. Cause dismissed for failure to state a valid claim in mandamus.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
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2025-0282. State ex rel. Helms v. Ninth Dist. Court of Appeals.
In Mandamus. On relator's request for leave to amend petition. Request granted. Respondent's motion to dismiss amended petition granted. Cause dismissed. Kennedy, C.J., and DeWine, Deters, and Hawkins, JJ., concur. Fischer, J., concurs but would deny the request as moot. Brunner, J., concurs but would deny the motion to dismiss amended petition as moot and would sua sponte dismiss the cause.
Shanahan, J., concurs in part and dissents in part and would deny the request and the motion to dismiss the amended petition and would grant the original motion to dismiss.
2025-0373. State ex rel. Harris v. Walsh.
In Procedendo. On respondent's motion to dismiss. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0480. State ex rel. Johnson v. Siler.
In Mandamus and Prohibition. On relator's "motion of affidavit of verification."
Motion denied as moot. Cause dismissed pursuant to Rule 12.04. Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0502. State ex rel. Jordan v. Summit Cty. Prosecutor's Office.
In Mandamus. On respondent's motion to dismiss. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0513. State ex rel. Mays v. O'Malley.
In Mandamus. On respondent's motion to dismiss. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0517. State ex rel. Ammann v. Ohio Dept. of Commerce.
In Mandamus. On respondents' motion to dismiss. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
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2025-0520. State ex rel. Cleavenger v. Mason.
In Mandamus. On respondents' motion to dismiss. Motion granted. Relator's motion for leave to file first amended complaint denied. Relator's motion to strike motion to dismiss denied. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0536. State ex rel. Griffin v. Szoke.
In Mandamus. On motion to dismiss of respondent and State of Ohio. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0551. Davies v. Olender.
In Mandamus. On respondents' motion to dismiss. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0554. State ex rel. Davies v. Connelly.
In Prohibition. On respondents' motion to dismiss. Motion granted. Cause dismissed.
Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0687. State ex rel. Whittaker v. Black.
In Habeas Corpus. Sua sponte, cause dismissed. Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
2025-0720. Allen v. Frederick.
In Habeas Corpus. Sua sponte, cause dismissed. Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ., concur.
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MOTION AND PROCEDURAL RULINGS
2025-0143. Sanders v. O'Brien.
In Prohibition. On relator's motion to declare judicial acts void. Motion denied. Relator's motion to certify federal constitutional questions and "to strike void judgment for lack of jurisdiction and violation of original jurisdiction" denied.
2025-0372. State ex rel. Cleavenger v. Mason.
In Mandamus. On relator's "request for preliminary order to be issued against parties for filing frivolous arguments." Request denied. Relator's motion for leave to conduct limited discovery granted. Relator's request for order to require respondents to facilitate electronic filing of documents through the Ohio Department of Rehabilitation and Correction law library denied. State of Ohio's motion to make a limited appearance as an interested party granted. State of Ohio's motion to strike denied. Respondents' amended motion to consolidate granted and cause consolidated with case Nos. 2025-0382 and 2025-0434. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondents shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' brief.
Fischer, J., dissents in part and would grant the State's motion to strike. DeWine, J., dissents in part and would deny relator's motion for leave and grant the State's motion to strike.
Brunner, J., dissents in part and would deny relator's motion for leave and deny the State's motions as moot.
Hawkins, J., dissents in part and would deny relator's motion for leave.
2025-0382. State ex rel. Cleavenger v. Mason.
In Mandamus. On relator's "request for preliminary order to be issued against parties for filing frivolous arguments." Request denied. Relator's motion for leave to conduct limited discovery and request for order to require respondents to facilitate electronic filing of documents through the Ohio Department of Rehabilitation and Correction law library denied. State of Ohio's motion to make a limited appearance as an interested party granted. State of Ohio's motion to strike denied. Respondents' amended motion to consolidate granted and cause consolidated with case Nos. 2025-0372 and 2025-0434. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they
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intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondents shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' brief.
Kennedy, C.J., and Shanahan, J., dissent in part and would grant the motion for leave.
Fischer and DeWine, JJ., dissent in part and would grant the State's motion to strike.
Brunner, J., dissents in part and would deny the State's motions as moot.
2025-0434. State ex rel. Cleavenger v. Mason.
In Mandamus. On relator's request for order to require respondents to facilitate electronic filing of documents though the Ohio Department of Rehabilitation and Correction law library. Request denied. Relator's "request for preliminary order to be issued against parties for filing frivolous arguments" denied. Relator's motion for leave to conduct limited discovery denied. State of Ohio's motion to make a limited appearance as an interested party granted. State of Ohio's motion to strike relator's request for preliminary order, motion for leave, and request for order denied as moot. Respondents' motion to consolidate granted and cause consolidated with case Nos. 2025-0372 and 2025-0382. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondents shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' brief.
Brunner, J., would deny the motion to make a limited appearance as moot. Kennedy, C.J., dissents in part and would grant the motion for leave to conduct limited discovery.
Fischer, J., dissents in part and would sua sponte dismiss the cause.
2025-0461. State ex rel. Watkins v. Dept. of Rehab. & Corr.
In Mandamus. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondents shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' brief. Fischer, J., dissents and would sua sponte dismiss the cause.
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2025-0468. State ex rel. Perry v. Inniss.
In Mandamus. On motion to dismiss of respondent Cuyahoga County Fiscal Officer. Motion granted. Respondent Eric Elmi's motion to dismiss or, in the alternative, for summary judgment granted. Sua sponte, respondent Cleveland Heights Police Department ordered to file an answer to the complaint within 14 days. Sua sponte, alternative writ granted as to respondent Cleveland Heights Police Department. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondent shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondent's brief.
Kennedy, C.J., and DeWine, J., dissent in part and would deny the motions and grant an alternative writ as to all respondents.
Fischer, Deters, and Hawkins, JJ., dissent in part and would sua sponte dismiss the cause as to respondent Cleveland Heights Police Department.
2025-0471. State ex rel. Watkins v. Dept. of Rehab & Corr.
In Mandamus. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondents shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' brief. Fischer, J., dissents and would sua sponte dismiss the cause.
2025-0475. State ex rel. Bozsik v. Dept. of Rehab. & Corr.
In Mandamus. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondent shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondent's brief. Fischer, J., dissents and would sua sponte dismiss the cause.
2025-0479. State ex rel. Teagarden v. Dept. of Rehab. & Corr.
In Mandamus. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondent shall
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file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondent's brief. Fischer and Shanahan, JJ., dissent and would sua sponte dismiss the cause.
2025-0498. State ex rel. Chapman v. Wesson.
In Mandamus. Sua sponte, alternative writ granted. The following schedule is set for the presentation of evidence and filing of briefs pursuant to Rule 12.05: The parties shall file any evidence they intend to present within 20 days of the court's entry, relator shall file a brief within 30 days of the court's entry, respondents shall file a brief within 20 days after the filing of relator's brief, and relator may file a reply brief within 7 days after the filing of respondents' brief.
APPEALS NOT ACCEPTED FOR REVIEW
2025-0403. McDermott v. Ohio State Univ.
Franklin App. No. 22AP-76, 2025-Ohio-396. Fischer, Brunner, and Hawkins, JJ., dissent.
2025-0428. Swiech v. Sylvania City School Dist. Bd. of Edn.
Lucas App. No. L-24-1090, 2025-Ohio-405. Kennedy, C.J., and Fischer, J., dissent.
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