Bernad v. Lakewood

Ohio Supreme Court

Bernad v. Lakewood

2001 Ohio 67, 91 Ohio St. 3d 1245

CourtOhio Supreme Court

DecidedApril 25, 2001

Docket2000-1161

StatusPublished

This text of 2001 Ohio 67 (Bernad v. Lakewood) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bernad v. Lakewood, 2001 Ohio 67, 91 Ohio St. 3d 1245 (Ohio 2001).

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[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1245.]

BERNAD, APPELLEE, v. CITY OF LAKEWOOD, APPELLANT. [Cite as Bernad v. Lakewood, 2001-Ohio-67.] Appeal dismissed as improvidently allowed. (No. 00-1161—Submitted March 14, 2001—Decided April 25, 2001.) APPEAL from the Court of Appeals for Cuyahoga County, No. 75684. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. __________________ MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I disagree with the majority’s decision to dismiss this cause as improvidently allowed. As Judge John T. Patton noted in his dissenting opinion, the rule adopted by the court of appeals could create problems in future replevin cases, for it “equates the [removal] of a disability with re-establishing an immediate right to possession or ownership of earlier confiscated property, * * * where such property has been legally confiscated.” The court of appeals’ decision to return the confiscated gun collection to Bernad might also conflict with R.C. 2933.41(C). That division provides, without qualification, that a person loses any right to possession of property that was the subject of an offense, the offense here being the undisputed possession by Bernad of the guns while under a disability. __________________ Randall C. Oliver, for appellee. SUPREME COURT OF OHIO

Kevin M. Spellacy, Director of Law, and Jennifer L. Swallow, Assistant Law Director, for appellant. __________________

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[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1245.]

BERNAD, APPELLEE, v. CITY OF LAKEWOOD, APPELLANT. [Cite as Bernad v. Lakewood, 2001-Ohio-67.] Appeal dismissed as improvidently allowed. (No. 00-1161—Submitted March 14, 2001—Decided April 25, 2001.) APPEAL from the Court of Appeals for Cuyahoga County, No. 75684. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. __________________ MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I disagree with the majority’s decision to dismiss this cause as improvidently allowed. As Judge John T. Patton noted in his dissenting opinion, the rule adopted by the court of appeals could create problems in future replevin cases, for it “equates the [removal] of a disability with re-establishing an immediate right to possession or ownership of earlier confiscated property, * * * where such property has been legally confiscated.” The court of appeals’ decision to return the confiscated gun collection to Bernad might also conflict with R.C. 2933.41(C). That division provides, without qualification, that a person loses any right to possession of property that was the subject of an offense, the offense here being the undisputed possession by Bernad of the guns while under a disability. __________________ Randall C. Oliver, for appellee. SUPREME COURT OF OHIO

Kevin M. Spellacy, Director of Law, and Jennifer L. Swallow, Assistant Law Director, for appellant. __________________

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