In Re Estate of Adams, Unpublished Decision (12-30-1999)
In Re Estate of Adams, Unpublished Decision (12-30-1999)
Opinion of the Court
"I. Whether the Court below erred as a matter of law and in contravention if [sic] R.C.
5302.12 by holding as valid a recorded mortgage unaccompanied by any note or other written memorandum which identifies the consideration supporting said mortgage."II. Whether the Judgment of the Court below is against the manifest weight of the evidence regarding paragraph 2 of it's [sic] Judgment Entry constituting prejudicial error to the detriment of Appellant.
"III. Whether the Court below abused its discretion in failing to remove this Executor and appoint an Administrator W.W.A.
"IV. Whether the Court below erred as a matter of law in sustaining Appellee's objection to the testimony of Appellant's witness.
"V. Whether the Court below abused it [sic] discretion in limiting, to 90 days, the time within which the deposition could be taken of Appellant's witness."
Upon a review of the record in this action, we find that the order from which the appeal was taken is not a final, appealable order under the current version of R.C.
Finding that our judgment is in direct conflict withEstate of Knauff, supra, we hereby certify the record in this case to the Supreme Court of Ohio for review and final determination, pursuant to Section
This case is therefore ordered dismissed at appellant's costs.
APPEAL DISMISSED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Peter M. Handwork, P.J., Richard W. Knepper, J.,Mark L. Pietrykowski, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.