Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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May 19, 2005

Today's topics:
- Attorney misconduct: sanctions in election case
- Bankruptcy: mobile home personal or real property in Ohio
- Real estate: fixture analysis 

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

Moss v. Bush (May 19, 2005) (2005-Ohio-2419)
Posted Subject to Editing
http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-ohio-2419.pdf 
Election contests - Motion for sanctions for frivolous conduct - Civ.R. 11 - Gov.Bar R. XIV(5) - Chief Justice without authority to impose  sanctions for frivolous conduct in election contest that has been dismissed voluntarily without trial - R.C. 3515.11, construed. MOTION for sanctions DENIED.

First District Court of Appeals

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No opinions.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

[Bankruptcy Appellate Panel]
Cluxton v. Fifth Third Bank (May 19, 2005) (Appeal from S.D.Bank. Ohio)
http://www.ca6.uscourts.gov/opinions.pdf/05b0004p-06.pdf 
David A. Kruer (Deerfield, Kruer & Warren), appellant; John L. Day Jr. (Weltman Weinberg & Reis), Francis J. DiCesare, appellee
Cluxton appealed bankruptcy court's denial of Chapter 13 plan. The court found that a mobile home, to which Fifth Third was the mortgage holder, was real property, and so a debt "cramdown" provision violated anti-modification statutory provisions. Cluxton appealed, arguing the mobile home was personal property. AFFIRMED, because the mobile home became permanent property when prior owner surrendered title and home was treated as real property. Only with secured parties' consent can it revert to personal property. Also met "fixture analysis" of real property.

U.S. Sixth Circuit Court of Appeals: Other States Cases

No opinions.

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