Mentor Exempted Village School Dist. Bd. of Edn. v. Mohat

Ohio Supreme Court

Mentor Exempted Village School Dist. Bd. of Edn. v. Mohat

932 N.E.2d 337, 126 Ohio St. 3d 1542

CourtOhio Supreme Court

DecidedAugust 25, 2010

Docket2010-0951

StatusPublished

This text of 932 N.E.2d 337 (Mentor Exempted Village School Dist. Bd. of Edn. v. Mohat) 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

Mentor Exempted Village School Dist. Bd. of Edn. v. Mohat, 932 N.E.2d 337, 126 Ohio St. 3d 1542 (Ohio 2010).

Pincite

Opinion

Certified Question of State Law, United States District Court, Northern District of Ohio, Eastern Division, No. 1:09 CV 688. On review of preliminary memoranda pursuant to S.Ct.Prac.R. 18.6. The court will answer the following modified question as stated in the petitioners’ memorandum:

“Whether under Ohio law an action filed on behalf of a decedent before an estate is legally established by someone who is not a legally appointed administrator or personal representative (i.e., is without the capacity to sue on the decedent’s behalf), is barred by the statute of limitations if later, after the running of the statute of limitations but before resolution of the claims, an estate is legally established and an administrator or personal representative is duly appointed and named in the Complaint - or whether the formation of the estate and the appointment of the administrator relates back to the original filing of the claims.”

O’Donnell, J., dissents.

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Certified Question of State Law, United States District Court, Northern District of Ohio, Eastern Division, No. 1:09 CV 688. On review of preliminary memoranda pursuant to S.Ct.Prac.R. 18.6. The court will answer the following modified question as stated in the petitioners’ memorandum:

“Whether under Ohio law an action filed on behalf of a decedent before an estate is legally established by someone who is not a legally appointed administrator or personal representative (i.e., is without the capacity to sue on the decedent’s behalf), is barred by the statute of limitations if later, after the running of the statute of limitations but before resolution of the claims, an estate is legally established and an administrator or personal representative is duly appointed and named in the Complaint - or whether the formation of the estate and the appointment of the administrator relates back to the original filing of the claims.”

O’Donnell, J., dissents.

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Bluebook (online)

932 N.E.2d 337, 126 Ohio St. 3d 1542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mentor-exempted-village-school-dist-bd-of-edn-v-mohat-ohio-2010.