Justia Civil Procedure Opinion SummariesArticles Posted in Ohio Supreme Court
Oaktree Condo. Ass’n, Inc. v. Hallmark Bldg. Co.
In 1990, construction was completed on a condominium development. In 2003, the Oaktree Condominium Association (“Oaktree”) discovered that there was a defect in the construction. In 2007, Oaktree filed an action against the builder of the condominiums. The jury returned a verdict in favor of Oaktree. The trial court, however, ruled that Oaktree’s claims were time-barred under a ten-year statute of repose enacted by the General Assembly in 2007. The court of appeals affirmed, reasoning that although the statute of repose was not in effect at the time that Oaktree’s action accrued, the action was nonetheless time-barred because Oaktree did not file its action within two years of accrual. The Supreme Court reversed and reinstated the jury verdict in favor of Oaktree, holding (1) Ohio’s construction statute of repose is unconstitutional as applied to Oaktree because the retroactive application of the statute would bar Okatree’s accrued action; (2) a cause of action that has accrued but on which no suit has been filed by the effective date of repose is governed by the relevant statute of limitations; and (3) the complaint was filed within four years of its accrual and was therefore timely under the relevant statute of limitations. View "Oaktree Condo. Ass'n, Inc. v. Hallmark Bldg. Co." on Justia Law
State ex rel. West v. McDonnell
Appellant was found guilty of four felonies, with forfeiture specifications, for running a marijuana-distribution operation out of a building he and his brothers owned on Scranton Road. Common Pleas Court Judge Nancy McDonnell issued a sentencing entry listing the property at Scranton Road as property to be forfeited. On October 11, 2011, Appellant appealed the sentencing order. On January 13, 2012, Judge McDonnell issued a journal entry reiterating Appellant’s sentence and ordering transfer of the property. On October 23, 2012, Appellant sought a writ of prohibition to vacate Judge McDonnell’s January 13, 2012 order, arguing that Judge McDonnell lacked jurisdiction to enter the order. The court of appeals dismissed Appellant’s petition, concluding that Ohio Rev. Code 2981.04 vested Judge McDonnell with jurisdiction to conduct forfeiture proceedings even after the notice of appeal was filed. The Supreme Court affirmed, holding that Judge McDonnell did not patently and unambiguously lack jurisdiction and that any errors in the proceedings should be addressed on appeal. View "State ex rel. West v. McDonnell" on Justia Law