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Martin v. Davidson

559 N.E.2d 1348, 53 Ohio St. 3d 240, 1990 Ohio LEXIS 1036
CourtOhio Supreme Court
DecidedSeptember 5, 1990
DocketNo. 89-1076
StatusPublished
Cited by9 cases

This text of 559 N.E.2d 1348 (Martin v. Davidson) 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
Martin v. Davidson, 559 N.E.2d 1348, 53 Ohio St. 3d 240, 1990 Ohio LEXIS 1036 (Ohio 1990).

Opinions

This cause came before the court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Knox County in Beck v. Jolliff (1984), 22 Ohio App. 3d 84, 22 OBR 237, 489 N.E. 2d 825, upon the following question:

“* * * [W]hether an action to determine a father-child relationship may be commenced against the estate of the alleged father after his death but within the time otherwise provided by law.”

However, because we find that the court of common pleas, probate division, had no subject matter jurisdiction in this matter, we vacate the judgments of both the court of common pleas and the court of appeals and dismiss the certification.

Moyer, C.J., Sweeney, Douglas and Wright, JJ., concur. Holmes, H. Brown and Resnick, JJ., dissent.

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Bluebook (online)
559 N.E.2d 1348, 53 Ohio St. 3d 240, 1990 Ohio LEXIS 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-davidson-ohio-1990.