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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Cited by

78 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

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