McLaughlin v. Lowman

Ohio Supreme Court

McLaughlin v. Lowman

1997 Ohio 118, 80 Ohio St. 3d 280

CourtOhio Supreme Court

DecidedNovember 19, 1997

Docket1997-1239

StatusPublished

This text of 1997 Ohio 118 (McLaughlin v. Lowman) 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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McLaughlin v. Lowman, 1997 Ohio 118, 80 Ohio St. 3d 280 (Ohio 1997).

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[This opinion has been published in Ohio Official Reports at 80 Ohio St.3d 280.]

MCLAUGHLIN ET AL., APPELLANTS, V. LOWMAN, D.B.A. LOWMAN LUMBER, APPELLEE AND CROSS-APPELLANT. [Cite as McLaughlin v. Lowman, 1997-Ohio-118.] Torts—Unauthorized removal of timber from private property—Criminal conviction is not a prerequisite to the imposition of civil liability for treble damages under R.C. 901.51. (No. 97-1239—Submitted October 7, 1997—Decided November 19, 1997.) APPEAL and CROSS-APPEAL from the Court of Appeals for Pike County, No. 96 CA 572. __________________ Wilson Law Office and Charles H. Wilson, Jr., for appellants. Phillips & Street and David M. Phillips; and Randy D. Deering, for appellee and cross-appellant. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with Wooten v. Knisley (1997), 79 Ohio St.3d 282, 680 N.E.2d 1245. {¶ 3} The discretionary cross-appeal is denied. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________

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[This opinion has been published in Ohio Official Reports at 80 Ohio St.3d 280.]

MCLAUGHLIN ET AL., APPELLANTS, V. LOWMAN, D.B.A. LOWMAN LUMBER, APPELLEE AND CROSS-APPELLANT. [Cite as McLaughlin v. Lowman, 1997-Ohio-118.] Torts—Unauthorized removal of timber from private property—Criminal conviction is not a prerequisite to the imposition of civil liability for treble damages under R.C. 901.51. (No. 97-1239—Submitted October 7, 1997—Decided November 19, 1997.) APPEAL and CROSS-APPEAL from the Court of Appeals for Pike County, No. 96 CA 572. __________________ Wilson Law Office and Charles H. Wilson, Jr., for appellants. Phillips & Street and David M. Phillips; and Randy D. Deering, for appellee and cross-appellant. __________________ {¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with Wooten v. Knisley (1997), 79 Ohio St.3d 282, 680 N.E.2d 1245. {¶ 3} The discretionary cross-appeal is denied. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________

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1997 Ohio 118, 80 Ohio St. 3d 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-lowman-ohio-1997.

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