Nations Title Ins. of New York, Inc. v. Bertram

Ohio Supreme Court

Nations Title Ins. of New York, Inc. v. Bertram

2001 Ohio 246, 91 Ohio St. 3d 1246

CourtOhio Supreme Court

DecidedApril 25, 2001

Docket2000-1321

StatusPublished

Cited by1 cases

This text of 2001 Ohio 246 (Nations Title Ins. of New York, Inc. v. Bertram) 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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Nations Title Ins. of New York, Inc. v. Bertram, 2001 Ohio 246, 91 Ohio St. 3d 1246 (Ohio 2001).

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[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1246.]

NATIONS TITLE INSURANCE OF NEW YORK, INC. ET AL., APPELLANTS, v. BERTRAM ET AL., APPELLEES. [Cite as Nations Title Ins. of New York, Inc. v. Bertram, 2001-Ohio-246.] Appeal dismissed as improvidently allowed. (No. 00-1321—Submitted March 13, 2001—Decided April 25, 2001.) APPEAL from the Court of Appeals for Montgomery County, No. 18078. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I disagree with the majority’s decision to dismiss this cause as improvidently allowed. As the court of appeals noted, this case presents our court with its first opportunity to apply R.C. 1339.08. Our state’s bench, bar, financial institutions, and fiduciaries could benefit from this court’s analysis of the summary- judgment proceedings that occurred here under this section of the Uniform Fiduciary Act. Because I would affirm the judgment of the court of appeals, I respectfully dissent. __________________ Martin, Browne, Hull & Harper, P.L.L., and Austin P. Wildman, for appellants Nations Title Insurance of New York, Inc. and Fidelity National Title & Insurance Company. SUPREME COURT OF OHIO

Schottenstein, Zox & Dunn Co., L.P.A., and Daniel R. Swetnam, for appellant United Companies Lending Corporation, and Special Counsel, for Stanley J. Cohen, Receiver. Talbot & Ducker and John T. Ducker, for appellant Stanley J. Cohen, Receiver. Bieser, Greer & Landis, L.L.P., David P. Williamson and Charles D. Shook, for appellant Stewart Title Guaranty Company. Frost & Jacobs, L.L.P., and Gerald L. Baldwin, for appellant Guarantee Title & Trust Company. Thompson, Hine & Flory, L.L.P., and David M. Rickert, for appellee Farmers State Bank & Trust. Gregor & Ovington and Sharon L. Ovington, urging reversal for amicus curiae, Ohio Land Title Association. Porter, Wright, Morris & Arthur, L.L.P., H. Grant Stephenson, Jennifer T. Mills and Bradley K. Baker, urging affirmance for amicus curiae, Community Bankers Association of Ohio. __________________

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[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1246.]

NATIONS TITLE INSURANCE OF NEW YORK, INC. ET AL., APPELLANTS, v. BERTRAM ET AL., APPELLEES. [Cite as Nations Title Ins. of New York, Inc. v. Bertram, 2001-Ohio-246.] Appeal dismissed as improvidently allowed. (No. 00-1321—Submitted March 13, 2001—Decided April 25, 2001.) APPEAL from the Court of Appeals for Montgomery County, No. 18078. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur. COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I disagree with the majority’s decision to dismiss this cause as improvidently allowed. As the court of appeals noted, this case presents our court with its first opportunity to apply R.C. 1339.08. Our state’s bench, bar, financial institutions, and fiduciaries could benefit from this court’s analysis of the summary- judgment proceedings that occurred here under this section of the Uniform Fiduciary Act. Because I would affirm the judgment of the court of appeals, I respectfully dissent. __________________ Martin, Browne, Hull & Harper, P.L.L., and Austin P. Wildman, for appellants Nations Title Insurance of New York, Inc. and Fidelity National Title & Insurance Company. SUPREME COURT OF OHIO

Schottenstein, Zox & Dunn Co., L.P.A., and Daniel R. Swetnam, for appellant United Companies Lending Corporation, and Special Counsel, for Stanley J. Cohen, Receiver. Talbot & Ducker and John T. Ducker, for appellant Stanley J. Cohen, Receiver. Bieser, Greer & Landis, L.L.P., David P. Williamson and Charles D. Shook, for appellant Stewart Title Guaranty Company. Frost & Jacobs, L.L.P., and Gerald L. Baldwin, for appellant Guarantee Title & Trust Company. Thompson, Hine & Flory, L.L.P., and David M. Rickert, for appellee Farmers State Bank & Trust. Gregor & Ovington and Sharon L. Ovington, urging reversal for amicus curiae, Ohio Land Title Association. Porter, Wright, Morris & Arthur, L.L.P., H. Grant Stephenson, Jennifer T. Mills and Bradley K. Baker, urging affirmance for amicus curiae, Community Bankers Association of Ohio. __________________

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