Dennis v. Morgan

Ohio Supreme Court

Dennis v. Morgan

716 N.E.2d 722, 86 Ohio St. 3d 1491, 1999 Ohio LEXIS 3052

CourtOhio Supreme Court

DecidedSeptember 22, 1999

Docket99-1545

StatusPublished

This text of 716 N.E.2d 722 (Dennis v. Morgan) 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.

Bluebook

Dennis v. Morgan, 716 N.E.2d 722, 86 Ohio St. 3d 1491, 1999 Ohio LEXIS 3052 (Ohio 1999).

Pincite

Opinion

Fulton App. No. F-98-025. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Decision and Judgment Entry filed July 28,1999:

“Appellants, Tim and Suzanne Dennis, have filed a motion to certify our decision, Dennis v. Morgan (June 30, 1999), Fulton App. No. F-98-025, unreported, which followed our previous decision of Cubbon v. [Locker] (1982), 5 Ohio App.3d 200 [5 OBR 462, 450 N.E.2d 697], to the Supreme Court of Ohio as being in conflict with a decision of another Ohio court of appeals, i.e., Briggs v. MacSwain [1986], 31 Ohio App.3d 85 [31 OBR 126, 508 N.E.2d 1028],

“We have carefully reviewed Briggs and find that it is in conflict with our own as to the issue of whether, absent specific lease provisions imposing liability for continued rent payments, a landlord’s election to terminate a lease agreement, releases the tenant from liability for rent not yet due at the time of the eviction.”

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

Free access — add to your briefcase to read the full text and ask questions with AI

Fulton App. No. F-98-025. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Decision and Judgment Entry filed July 28,1999:

“Appellants, Tim and Suzanne Dennis, have filed a motion to certify our decision, Dennis v. Morgan (June 30, 1999), Fulton App. No. F-98-025, unreported, which followed our previous decision of Cubbon v. [Locker] (1982), 5 Ohio App.3d 200 [5 OBR 462, 450 N.E.2d 697], to the Supreme Court of Ohio as being in conflict with a decision of another Ohio court of appeals, i.e., Briggs v. MacSwain [1986], 31 Ohio App.3d 85 [31 OBR 126, 508 N.E.2d 1028],

“We have carefully reviewed Briggs and find that it is in conflict with our own as to the issue of whether, absent specific lease provisions imposing liability for continued rent payments, a landlord’s election to terminate a lease agreement, releases the tenant from liability for rent not yet due at the time of the eviction.”

Douglas and F.E. Sweeney, JJ., dissent. Resnick, J., not participating.

Cite This Page — Counsel Stack

Bluebook (online)

716 N.E.2d 722, 86 Ohio St. 3d 1491, 1999 Ohio LEXIS 3052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-morgan-ohio-1999.

Opinion

Related

Cite This Page — Counsel Stack