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The Supreme Court of Ohio & The Ohio Judicial System

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Kristina D. Frost
Clerk of Court
Search Results: Case Number 2010-1881

The Supreme Court of Ohio

CASE INFORMATION

GENERAL INFORMATION
Case: 2010-1881 Discretionary Appeal (Non-felony); Claimed Appeal of Right
Filed: 11/01/10
Status: Case Is Disposed
John T. Flynn et al. v. Fairview Village Retirement etc. et al.

PARTIES and ATTORNEYS
Ohio Academy of Nursing Homes, Inc. (Amicus Curiae on behalf of Appellant)
  Represented by:
    Webster, Geoffrey (1892) , Counsel of Record
Gosnell, Gerhardt (64919)
Ohio Health Care Association (Amicus Curiae on behalf of Appellant)
  Represented by:
    Pivonka, Robert (67311) , Counsel of Record
Kuhn, Christopher (82822)
State of Ohio (Amicus Curiae on behalf of Appellant)
  Represented by:
    Schimmer, Alexandra (75732) , Counsel of Record
DeWine, Richard (9181)
Long, Elisabeth (84128)
Ohio Association for Justice (Amicus Curiae on behalf of Appellee)
  Represented by:
    Traska, Peter (79036) , Counsel of Record
Harrell, Ryan (80830)
Fairview Village Retirement Community, Ltd. (Appellant)
  Represented by:
    Poling, Brant (63378) , Counsel of Record
La Fayette, Paul-Michael (67031)
Petrello, Colleen (41628)
Larchwood Village Retirement Community (Appellant)
  Represented by:
    Poling, Brant (63378) , Counsel of Record
La Fayette, Paul-Michael (67031)
Petrello, Colleen (41628)
Saber Healthcare Group, LLC (Appellant)
  Represented by:
    Poling, Brant (63378) , Counsel of Record
La Fayette, Paul-Michael (67031)
Petrello, Colleen (41628)
Saber Management, Inc. (Appellant)
  Represented by:
    Poling, Brant (63378) , Counsel of Record
La Fayette, Paul-Michael (67031)
Petrello, Colleen (41628)
Flynn, John T. (Appellee)
  Represented by:
    Krause, David (70577) , Counsel of Record
Carlozzi, Joyce (38936)
Gordon, Judy (Appellee)
  Represented by:
    Krause, David (70577) , Counsel of Record
Carlozzi, Joyce (38936)

PRIOR JURISDICTION
Jurisdiction Information Prior Decision Date Case Number(s)
Cuyahoga County, 8th District Court of Appeals 09/16/2010 95695

DOCKET ITEMS
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Date Filed Description
11/01/10 View Notice of appeal of Saber Healthcare Group, LLC, et al.
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
11/01/10 View Memorandum in support of jurisdiction
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
11/02/10 Copy of notice of appeal sent to clerk of court of appeals
11/05/10 View Notice of supplemental authority
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
12/01/10 View Memorandum in response
  Filed by: Flynn, John
01/21/11 View Notice of substitution of counsel Colleen H. Petrello for James P. Myers
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
02/02/11 View DECISION: Appeal accepted
02/02/11 View Order to clerk of court/custodian to certify record
02/11/11 Record
02/11/11 Clerk's notice of filing of record
03/18/11 View Stipulation to extension of time to file merit brief to 4/12/11
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
04/08/11 View Brief of amicus curiae State of Ohio in support of appellant
  Filed by: State of Ohio
04/08/11 View Appellants' merit brief
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
04/11/11 View Brief of amicus curiae Ohio Academy of Nursing Homes, Inc. in support of appellant
  Filed by: Ohio Academy of Nursing Homes, Inc.
04/12/11 View Brief of amicus curiae Ohio Health Care Association in support of appellant
  Filed by: Ohio Health Care Association
04/22/11 View Stipulation to extension of time to file merit brief to 5/31/11
  Filed by: Flynn, John
  Filed by: Gordon, Judy
04/27/11 View Joint motion to consolidate oral argument date with Case No. 2010-2148
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
View 06/22/11: Denied
05/05/11 View Memo opposing joint motion to consolidate oral argument date with Case No. 2010-2148
  Filed by: Flynn, John
  Filed by: Gordon, Judy
05/31/11 View Brief of amicus curiae Ohio Association for Justice in support of appellees
  Filed by: Ohio Association for Justice
05/31/11 View Appellees' merit brief
  Filed by: Flynn, John
  Filed by: Gordon, Judy
06/20/11 View Reply brief
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
07/08/11 Oral argument scheduled for Tuesday, October 4, 2011
07/14/11 View Notice of oral argument to be held on Tuesday, October 4, 2011
09/13/11 View Notice of appearance of Paul-Michael La Fayette as additional counsel
  Filed by: Fairview Village Retirement Community, Ltd.
  Filed by: Saber Healthcare Group, LLC
  Filed by: Saber Management, Inc.
10/04/11 Oral argument held
06/14/12 View DECISION: Reversed and remanded to the court of appeals for application of Havel v. Villa St. Joseph, 131 Ohio St.3d 235, 2012-Ohio-552, 963 N.E.2d 1270. See opinion at 2012-Ohio-2582.   
06/26/12 Certified copy of judgment entry/mandate sent to clerk
07/10/12 Return of record to clerk of court/custodian
07/16/12 Return receipt; Postage $13.55


 

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