State ex rel. Asberry v. Payne

Ohio Supreme Court

State ex rel. Asberry v. Payne

684 N.E.2d 86, 79 Ohio St. 3d 1501

CourtOhio Supreme Court

DecidedSeptember 16, 1997

Docket97-1915

StatusPublished

This text of 684 N.E.2d 86 (State ex rel. Asberry v. Payne) 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

State ex rel. Asberry v. Payne, 684 N.E.2d 86, 79 Ohio St. 3d 1501 (Ohio 1997).

Pincite

Opinion

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and request for expedited treatment. Upon consideration thereof,

IT IS ORDERED by the court, sua sponte, that an alternative writ of mandamus be, and hereby is, granted.

IT IS FURTHER ORDERED by the court that the following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prae.R. X(7) and (8):

The parties shall file any evidence they intend to present within fourteen days from the date of this entry; relator shall file her brief within seven days after the filing of evidence; respondent shall file his brief within seven days after the filing of evidence; respondent shall file his brief within seven days after the filing of relator’s brief; and relator may file a reply brief within three days after the filing of respondent’s brief.

[1502]*1502Moyer, C.J., and Cook, J., concur in the granting of the alternative writ, but would deny expedited treatment. Pfeifer, J., dissents.

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In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus and request for expedited treatment. Upon consideration thereof,

IT IS ORDERED by the court, sua sponte, that an alternative writ of mandamus be, and hereby is, granted.

IT IS FURTHER ORDERED by the court that the following briefing schedule is set for presentation of evidence and filing of briefs pursuant to S.Ct.Prae.R. X(7) and (8):

The parties shall file any evidence they intend to present within fourteen days from the date of this entry; relator shall file her brief within seven days after the filing of evidence; respondent shall file his brief within seven days after the filing of evidence; respondent shall file his brief within seven days after the filing of relator’s brief; and relator may file a reply brief within three days after the filing of respondent’s brief.

[1502]*1502Moyer, C.J., and Cook, J., concur in the granting of the alternative writ, but would deny expedited treatment. Pfeifer, J., dissents.

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Bluebook (online)

684 N.E.2d 86, 79 Ohio St. 3d 1501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-asberry-v-payne-ohio-1997.