Ohio Supreme Court, 1999

Butland v. Butland

Ohio Supreme Court · Decided March 30, 1999 · Moyer

88 Ohio St. 3d 1210; 723 N.E.2d 1099

Cases that cite this one

31 later published cases cite this decision. The 25 that cite it most often are listed here.

In re Disqualification of Saffold (Ohio 2021)
State v. Coker (In re Disqualification of Jennings) (Ohio 2018)
State v. Chebegwen (In re Adkins) (Ohio 2018)
Ohio Nat'l Life Ins. Co. v. Lattimer (In re Ruehlman) (Ohio 2018)
Townes v. Townes (Ohio 2017)
City of Cleveland v. Coleman (Ohio 2017)
217 Williams, L.L.C. v. Worthen (In re Berkowitz) (Ohio 2017)
Dickson & Campbell, L.L.C. v. Marshall (In re Gall) (Ohio 2017)
Wolf & Akers, L.P.A. v. Mezu (Ohio 2016)
Fries v. Greg G. Wright & Sons, L.L.C. (Ohio 2016)
Fries v. Greg G. Wright & Sons, L.L.C. (Ohio 2016)
Hastings v. Southwest General Health Center (Ohio 2015)
State v. Yurejchuk (Ohio 2015)
Crumley v. Crumley (Ohio 2015)
Irvin v. Eichenberger (Ohio 2015)
Brumfield v. Brumfield (Ohio 2015)
In re Disqualification of Swenski (Ohio 2014)
In re Disqualification of Wilson (Ohio 2014)
In re Disqualification of Knece (Ohio 2014)
In re Disqualification of Synenberg (Ohio 2013)
In re Disqualification of Suster (Ohio 2009)
Disciplinary Counsel v. Squire (Ohio 2007)
Miklovic v. K. Dean Shira Construction (Ohio 2004)
Snow v. Snow (Ohio 2003)
State v. Payne (Ohio Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Moyer, C.J.

Affiant, Joy Ritchie, f.k.a. Butland, has filed a motion seeking reconsideration of the dismissal of her March 25, 1999 affidavit seeking the disqualification of Judge John J. Leskovyansky from further proceedings in the above-captioned case. By entry dated March 26, 1999, affiant’s affidavit of disqualification was ordered stricken because it was filed fewer than seven days before the scheduled hearing date and did not contain facts to show why it could not have been filed timely. See R.C. 2701.03(B) and In re Disqualification of Badger (1989), 43 Ohio St.3d 601, 538 N.E.2d 1023.

The statutory provision that requires an affidavit to be filed on a timely basis will be set aside only when compliance with the provision is impossible, such as where the case is scheduled or assigned to a judge or the alleged bias or prejudice occurs fewer than seven days before the hearing date. See Household Consumer Discount Co. v. Pokorny (1978), 60 Ohio App.2d 253, 256-258, 14 O.O.3d 232, 234, 396 N.E.2d 803, 806. Having reviewed affiant’s motion for *1211reconsideration, I cannot conclude that affiant’s compliance with the statutory requirement was rendered impossible by the assertions contained in the motion.

For these reasons, the motion for reconsideration is overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.