IN THE SUPREME COURT OF OHIO

Similar documents
In the Supreme Court of Ohio

IN THE SUPREME COURT OF OHIO RESPONDENT OHIO STATE UNIVERSITY'S MOTION TO DISMISS

Case: 3:18-cv TMR Doc #: 1 Filed: 11/16/18 Page: 1 of 4 PAGEID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

In the Supreme Court of Ohio

IN THE SUPREME COURT OF OHIO

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

Supreme Court of Ohio Clerk of Court - Filed January 08, Case No IN THE SUPREME COURT OF OHIO

READ THIS BEFORE COMPLETING THE FORMS!!! INSTRUCTIONS FOR MOTION FOR MODIFICATION

L E. ORtGiNAL APR CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO. Case No OHIOTELNET.COM, Inc.

The Ohio Court of Appeals Fifth District

NOV ^ Nov () 3 Z008 SUPREME COURI OF HIO SUPREME COURT OF OHIO I IN THE SUPREME COURT OF OHIO CI.ERK OF COURT

IN THE SUPREME COURT OF OHIO

Supreme Court of Ohio Clerk of Court - Filed March 16, Case No IN THE SUPREME COURT OF OHIO 2015

IN THE SUPREME COURT OF OHIO COMBINED MEMORANDUM OF CROSS-APPELLANT AND APPELLEE MAXINE F. SPILLER

IN THE SUPREME COURT OF OHIO

COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

Case: LTS Doc#:111 Filed:05/25/17 Entered:05/25/17 13:40:50 Document Page 1 of 6

IN THE SUPREME COURT OF OHIO

Morrow, Gordon & Byrd, Ltd 10 West Broad Street, Suite W. Main Street, P.O. Box 4190 Columbus, OH Newark, OH

12PREM;^O ^, Q^0 APR CLERK OFCOURT IN THE SUPREME COURT OF OHIO

HU AU. GLEM t$^ (A0Rf SUPREfWE COUR10F OHIO IN THE SUPREME COURT OF OHIO STATE EX REL. CLEOTTIS GILCREAST, Case No

IN THE SUPREME COURT OF OHIO

AUG CLERK OF COURT SUPREME COURT OF OHIO. COUNSEL FOR RESPONDENTS University of Cincinnati and The Ohio State University

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

In The Supreme Court Of Ohio

Case DHS Doc 120 Filed 07/07/14 Entered 07/07/14 15:50:18 Desc Main Document Page 1 of 9

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. v. No Appellee-Intervenor-Defendant.

Case GMB Doc 207 Filed 12/21/13 Entered 12/21/13 14:45:36 Desc Main Document Page 1 of 2

Case No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., Plaintiffs-Appellees

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

LLU) 31n the ^&upreme Court of Yjio. MAY 0120t3. ci_f.nk OF COURT Sl.lPREiViE COURT OF OHIO. Case No EDWIN LUCIANO, NCC SOLUTIONS, INC.

Court of Common Pleas

FAA Docket No UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ASSOCIATE ADMINSTRATOR FOR AIRPORTS

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

scc Doc 316 Filed 08/09/12 Entered 08/09/12 17:31:25 Main Document Pg 1 of 5

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

IN THE SUPREME COURT OF OHIO

October 4, 2005 RE: APPLICATION /INVESTIGATION

NEW RIEGEL LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, Plaintiff-Appellee,

IN THE SUPREME COURT OF OHIO. This is a death penalty case.

IN THE SUPREME COURT OF OHIO MEMORANDUM OF APPELLEE VERNON D. REYNOLDS, D.O., IN RESPONSE TO APPELLANT'S REQUEST FOR JLTI2ISDICTION

FILED: NEW YORK COUNTY CLERK 10/03/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/03/2016

CLERK UF ta(3urf SIIPREME COURT OF OHIO

Information or instructions: Motion Consent of Client & Order to substitute counsel PREVIEW

Case: 1:16-cv DAP Doc #: 11 Filed: 11/28/16 1 of 6. PageID #: 71 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

CASE NO IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT MEDICAL SUPPLY CHAIN, INC,

READ THIS BEFORE COMPLETING THE FORMS!!! INSTRUCTIONS FOR MOTION TO CONTINUE HEARING

Case No IN THE SUPREME COURT OF OHIO STATE EX REL. SCIOTO DOWNS, INC., ET AL., JENNIFER L. BRUNNER, ET AL.,

IN THE SUPREME COURT OF OHIO MEMORANDUM IN SUPPORT OF JURISDICTION OF AMICUS CURIAE THE OHIO MUNICIPAL LEAGUE, CITY OF COLUMBUS AND CITY OF DAYTON

CASE NO IN THE SUPREME COURT OF OHIO ON APPEAL FROM THE PREBLE COUNTY COURT OF APPEALS TWELFTH APPELLATE DISTRICT, CASE NO.

Case 2:17-cv JLL-JAD Document 1 Filed 08/16/17 Page 1 of 6 PageID: 1 : : : : : : : : : :

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI. No CA COA

ON APPEAL FROM THE CIRCUIT COURT OF THE 11TH JUDICIAL DISTRICT OF TUNICA COUNTY Cause No BRIEF OF APPELLEE ORAL ARGUMENT REQUESTED

IN THE SUPREME COURT OF OHIO. DARRELL SAMPSON, Case No Plaintiff-Appellee, On Appeal from the V.

In the Supreme Court of Ohio

Case 2:09-cv GLF-NMK Document 28 Filed 09/02/09 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE SUPREME COURT OF OHIO : CASE NO:

IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO. : CAROL J. APPLE, ET AL. Plaintiffs-Appellants : C.A. CASE NO

p L DD 0q^^/41, CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OHIO State ex rel., McGRATH Case No

IN THE SUPREME COURT OF OHIO

Court of Appeals of Ohio

Case bjh Doc 22 Filed 12/30/11 Entered 12/30/11 19:33:15 Desc Main Document Page 1 of 70

NOTICE OF APPEAL. Plaintiff-Appellant John Cox, by and through his attorneys of record,

In the United States Court of Appeals for the Fifth Circuit

IN THE SUPREME COURT OF OHIO

Case: 1:14-cv SO Doc #: 50 Filed: 07/15/15 1 of 7. PageID #: 438 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. Appellants-Plaintiffs, V. CASE NO Appellee-Defendant, Appellee-Intervenor-Defendant.

No IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. ELOUISE PEPION COBELL, et al., Plaintiffs-Appellees,

FILED: NEW YORK COUNTY CLERK 02/13/ :25 PM INDEX NO /2012 NYSCEF DOC. NO. 155 RECEIVED NYSCEF: 02/13/2017

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

OR G NAL MAY CLERK AW11" Appellant, IN THE SUPREME COURT OF OHIO STATE OF OHIO EXREL. RENEE ENGELHART,

CASE NO IN THE SUPREME COURT OF OHIO COLUMBUS, OHIO STATE OF OHIO9. Plaintiff-Appellee, vs. DOUGLAS EDWARD HADDIX, Defendant-Appellant.

IN THE SUPREME COURT OF OHIO

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT CASE NO.: 3D LT. CASE NO.: CA-13

Case 8:11-cv JST-JPR Document Filed 08/16/13 Page 1 of 6 Page ID #:5240

SAMPLE FORM F NOTICE DESIGNATING RECORD ON APPEAL

IN THE CIRCUIT COURT IN AND FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA APPELLATE DIVISION

MAY MARCIA J MEII4GEL, CLERK SUPREME COUR'f OF OHIO IN THE SUPREME COURT OF OHIO. Appellee, KEVIN JOHNSON

The Court Refuses to Honor my Notice of Appeal! What do I do now!?! 1

IN THE COURT OF APPEALS, NINTH APPELLATE DISTRICT APPELLATE COURT CASE NO. 12-CA-0032

PLAINTIFF'S MOTION FOR RECONSIDERATION

IN THE SUPREME COURT OF OHIO

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

[Cite as State v. Abrams, 2011-Ohio-103.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA. JOURNAL ENTRY AND OPINION No.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SELF-HELP CENTER ANSWERING A BREACH OF CONTRACT COMPLAINT

IN THE SUPREME COURT OF OHIO

INSTRUCTIONS TO RESPONDENT

IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY

Supreme Court of Ohio Clerk of Court - Filed August 28, Case No

PlainSite. Legal Document. Arizona District Court Case No. 4:11-cv Carreon v. Toyota Financial Services Corporation et al.

Legal 145b FINAL EXAMINATION. Prepare a Motion to Quash Subpoena.

t;i 4:liK OF COURT SUPREUIL yc7urt l7f OHIO IN THE SUPREME COURT OF OHIO Case No Appellant

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, TALLAHASSEE DIVISION

STATE OF OHIO, CARROLL COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT

Transcription:

IN THE SUPREME COURT OF OHIO CLYDE NORRIS, et al., Appellants, V. RICHARD B. MURRAY, et al., Case No. 2012-0292 On Appeal from the Knox County Court of Appeals, Fifth Appellate District Court of Appeals Case No. 11-CA-12 Appellees. MOTION OF APPELLEES KENYON COLLEGE AND PHILANDER CHASE CORPORATION (COLLECTIVELY "THE COLLEGE") TO STRIKE THE MEMORANDUM IN SUPPORT OF JURISDICTION OF LAURYNMAE YELSKY Monica A. Sansalone (0065143) Timothy T. Brick (0040526) Timothy J. Fitzgerald (0042734) GALLAGHER SHARP Bulkley Building, Sixth Floor 1501 Euclid Avenue C1evcland, - nu 44115-2108 Telephone: (216) 241-5310 Facsimile: (216) 241-1608 msansalonena gallaehersharp.com tbrick@gallashersharp.com tfitzgeraldangalla ersh.com Richard S. Lovering (0022027) Thomas R. Sant (0023057) Bricker & Eckler LLP 100 South Third Street Columbus, Ohio 43215 Telephone: (614) 227-2300 Facs:m:le: (614) 227 ^390 rlovering@bricker.com tsant@bricker.com Attorneys for Appellees Kenyon College and Philander Chase Corporation Attorneys for Appellants L.eonard W Yelsky and LaurynMae Yelsky f1ar 19 C012 CLERk' OF COURT SUPREME Ct7uR, OF OHIO

MOTION TO STRIKE Appellees hereby move to strike the Memorandum in Support of Jurisdiction for Case No. 11-CA-12 filed by LaurynMae Yelsky because she is not a party to Case No. 11-CA-12 as discussed in the memorandum attached hereto. Respectfully submitted, Richard S. tovering (f (0022027) Thomas R. Sant (0023057) Bricker & Eckler LLP 100 South Third Street Columbus, Ohio 43215 rlovering@bricker.com tsant@bricker.com Tel.: 614/227-2300; Fax 614/227-2390 Counsel for Appellees Kenyon College and Chase Philander Corporation Memorandum in Support The claims against Leonard Yelsky and LaurynMae Yelsky were bifurcated from the claims against John Norris on July 5, 2011. The claims against LaurynMae Yelsky were included in Case No. 11-CA-10 in which an Opinion was rendered on December 14, 2011. The claims against John Norris were included in Case No. 11-CA-12 and the Court of Appeals' January 3, 2012 Opinion affirmed the Trial Court's judgment against John Norris. LaurynMae Yelsky filed a Memorandum in Support of Jurisdiction in Case No. 11-CA- 10 in which she is a party on February 17, 2012. However, LaurynMae Yelsky has now filed a second Memorandum in Support of Jurisdiction in Case No. 11-CA-12 despite the fact she is not a party to this case. The second Memorandum in Support of Jurisdiction asserts the same three 1

propositions of law she asserted in Case No. 11-CA-10, but untimely attempts to add a fourth Proposition of Law that had apparently not been thought of within the required time limits in Case No. 11-CA-10. As an Ohio Court of Appeals has held: "[b]ased on state and local appellate rules and Ohio Supreme Court case law, we find it clear that being a`party' to the action below is required to establish standing on appeal. Appellate rules define the appellant and appellee, as well as actions taken within an appeal, in terms of `party' and what a`party' must do, not what a `person' must do. It is axiomatic that `party' means one who is designated on the record below as plaintiff or defendant. While other persons may be affected by the outcome of a cause of action, either indirectly or consequently, they are not parties, but only interested persons. Accordingly, one must first show they were a party to the underlying action before reaching the element of `aggrieved' or affected by the outcome of the cause of action." Hokes v. Ford Motor Co., 2005 Ohio 5182, P6 (Ohio Ct. App., Sumniit County Sept. 30, 2005) LaurynMae Yelsky does not have standing to file a memorandum in support of jurisdiction in a case in which she is not a party. The Memorandum in Support of Jurisdiction in Case No. 11-CA-12 filed by LaurynMae Yelsky should be stricken from Case No. 11-CA-12 because this new proposition is apparently an attempt to untimely assert a new Proposition of Law in Case No. 11-CA-10. The new fourth Proposition of Law contained in LaurynMae Yelsky's Memorandum in Support in Case No. 11-CA-12 has been resolved by res judicata because that proposition of law was not timely raised in Case No. 11-CA-10. LaurynMae Yelsky is not a party to Case No. 11-CA-12 and her Memorandum in Support of Jurisdiction filed in this case should therefore be stricken. 2

Secondly, assuming that LaurynMae Yelsky has standing to appeal a case in which she is not a party and untimely assert a new fourth Proposition of Law in Case No. 11-CA-12 that has been resolved by res judicata in Case No. 11-CA-10, it should be noted that the new untimely asserted fourth Proposition of Law is without merit. The December 14, 2011 Opinion providing for judgment against her in Case No. 11-CA-10 was proper and well supported by the record. The College's Motion for Expenses filed December 17, 2008, specifically requested and gave notice that the motion was seeking recovery for frivolous conduct by "Plaintiff and Plaintiff s counsel". That Motion for Expenses was served on Leonard Yelsky, LaurynMae Yelsky at Yelsky & Lonardo.1 Similarly, as early as February 16, 2004, both counsel who signed the Complaint were asked to dismiss the case because it was frivolous and were advised in writing that the College would "pursue available remedies against you and your client, jointly and severally, as provided by R.C. 2323.51(B)(4)."2 Counsel knew at the time the Complaint was filed that they were filing a claim for alleged tortious interference with an option that both counsel and John Norris knew had been voluntarily released by John Norris as part of John Norris's settlement with his family to avoid eviction. Counsel received ample notice of the Motion for Expenses filed against the counsel who signed the Complaint. The frivolous Complaint was signed by Yelsky & Lonardo "By" Leonard W. Yelsky, Esq. and "By" LaurynMae Yelsky, Esq. and was signed by both Leonard W. Yelsky and by LaurynMae Yelsky.3 In fact, the signature page on the Complaint appears to be signed exclusively by LaurynMae Yelsky who signed the names of both attorneys. The Court 1 See: December 17, 2008 Motion for Expenses. 2 Tr. 70-72 Testimony of the VP-CFO, Joseph Nelson, February 16, 2004 correspondence and marked as April 8, 2011 Hearing Exhibit F. 3 See: Signature Lines of February 3, 2004 Complaint. s2885imi 3

of Appeals properly included on the judgment as provided by R.C. 2323.51(B)(4) the attorney who actually signed the frivolous Complaint, signed most if not all pleadings and fully participated at every stage in the aggressive litigation of frivolous claims. CONCLUSION LaurynMae Yelsky is not a party to Case No. 11-CA-12. Appellees therefore respectfully request that the pending Motion to Strike be sustained. Respectfnlly submitted, Richard S. Lovering (/ (0022027) Thomas R. Sant (0023057) Bricker & Eckler LLP 100 South Third Street Columbus, Ohio 43215 rlovering@bricker.com tsant@bricker.com Tel.: 614/227-2300; Fax 614/227-2390 Counsel for Appellees Kenyon College and Chase Philander Corporation s2ss51tvi 4

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was served by regular U.S. Mail, 0- postage prepaid, this Lf day of March, 2012, upon the following: Monica A. Sansalone Timothy T. Brick Timothy J. Fitzgerald GALLAGHER SHARP Bulkley Building, Sixth Floor 1501 Euclid Avenue Cleveland, OH 44115-2108 Counsel for Appellants Leonard W. Yelsky and LaurynMae Yelsky James H. Banks, Esq. P.O. Box 40 Dublin, OH 43017 Attorney for John Norris / ^ Richard Lovering (0022027 5