Fischbach v. Mercuri

Ohio Supreme Court

Fischbach v. Mercuri

919 N.E.2d 214, 124 Ohio St. 3d 1414

CourtOhio Supreme Court

DecidedDecember 30, 2009

Docket2009-2053

StatusPublished

This text of 919 N.E.2d 214 (Fischbach v. Mercuri) 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

Fischbach v. Mercuri, 919 N.E.2d 214, 124 Ohio St. 3d 1414 (Ohio 2009).

Pincite

Opinion

Montgomery App. No. 23188, 2009-Ohio-4790. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 8 of the court of appeals’ Decision and Entry filed November 3, 2009:

“May a constructive trust be imposed on survivorship funds that a beneficiary receives from a public retirement system account, where the beneficiary’s receipt of the funds inequitably results from the decedent’s wrongful failure to designate an ex-spouse as a beneficiary for survivorship funds on the account?”

Moyer, C.J., and Pfeifer and O’Donnell, JJ., dissent.

The conflict case is Schrader v. Schrader, Hocking App. No. 03CA20, 2004-Ohio-4104.

Sua sponte, cause consolidated with 2009-1953, Fischbach v. Mercuri, Montgomery App. No. 23188, 2009-Ohio-4790.

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