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· 4/4/2024

701 Lakeside, L.L.C. v. Pinnacle Condominium Unit Owners' Assn.

Citations

  • 2024 Ohio 1269

Syllabus

Standing declaratory judgment reciprocal easement agreement condominium instruments declaration and bylaws condominium unit owners' association summary judgment res judicata. The trial court's judgment granting summary judgment to the condominium unit owners' association was affirmed. Appellant was not an interested person under the condominium declaration. Therefore, appellant lacked standing to seek declaratory judgment concerning the relationship between the condominium owners' association and the condominium owners. Appellant's claims pertaining to the reciprocal easement agreements were barred by res judicata.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that trial counsel’s failure to have “any defense theory whatsoever” was, among other shortcomings, “especially appalling,” amounting to ineffective assistance of counsel
  • “An ineffective assistance of counsel claim presents a mixed question of law and fact, for which both the state-court and district-court determinations are subject to de novo review by this court.”
  • At capital sentencing hearing, counsel failed to use proof that Groseclose had no criminal record, was active in church, and had a positive record of military service.
  • viewing counsel's deficiencies as a whole when determining \patent\ ineffectiveness
  • viewing counsel’s deficiencies as a whole when determining “patent” ineffectiveness
  • At capital sentencing hearing, counsel failed to use proof that defendant had no criminal record, was active in church, had a positive record of military service, and had plethora of family members willing to testify on his behalf

Source: CourtListener parenthetical corpus (CC0).

Judges: Groves

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