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Ohio Supreme Court· 4/22/1998

State ex rel. The V Cos. v. Marshall

Citations

  • 1998 Ohio 329
  • 81 Ohio St. 3d 467

Syllabus

Mandamus to compel Jefferson County Auditor to issue a warrant to the county treasurer for funds owed by the county to relator for services in connection with the construction of the Jefferson County Joint Justice Facility granted, when—Civil procedure—Discovery improper when Rules of Civil Procedure not complied with—Summary judgment—Civ.R. 56, applied.

How courts have described this case

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

  • holding that an appellate court ordinarily presumes that a trial court denied a motion when the trial court fails to explicitly rule on the motion
  • noting that “when a trial court fails to rule on a pretrial motion, it may ordinarily be presumed that the court overruled it”
  • “[W]hen a trial court fails to rule on a pretrial motion, it may ordinarily be presumed that the court overruled it.”
  • “when a trial court fails to rule on a pretrial motion, it may ordinarily be presumed that the court overruled it.”
  • Ohio Supreme Court presumed that court of appeals overruled a motion to compel compliance with a deposition notice, where court of appeals failed to expressly rule on motion
  • “If an opposing party fails to object to the admissibility of evidence under Civ.R. 56, the court may but need not consider such evidence when it determines whether summary judgment is appropriate.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.