error of law error in Ohio

9 Ohio opinions name it 3 courts 1953–2010 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Tracy v. Merrell Dow Pharmaceuticals, Inc.green ohio · 1991 · cited in 2 Ohio opinions naming this issue, 2000–2000 2 sentences 2000See, e.g., Tracy v. Merrell Dow Pharmaceuticals, Inc. (Ohio 1991), 58 Ohio St.3d 147 , 152 , 569 N.E.2d 875 , 880 (citing Steiner). 2000See, e.g., Tracy v. Merrell Dow Pharmaceuticals, Inc. (Ohio 1991), 58 Ohio St.3d 147 , 152 , 569 N.E.2d 875 , 880 (citing Steiner).	2	2
State v. Woodardgreen ohio · 1993 · cited in 1 Ohio opinions naming this issue, 2006–2006 2 sentences 2006See State v. Woodard (1993), 68 Ohio St.3d 70, 78 , 623 N.E.2d 75 ; State v. Jones (2001), 91 Ohio St.3d 335, 350 , 744 N.E.2d 1163 ; State v. Ahmed, 103 Ohio St.3d 27 , 2004-Ohio-4190 , 813 N.E.2d 637 , ¶ 111. {¶ 129} Moreover, “it must be kept in mind that the term ‘abuse of discretion’ means more than an error of law or error of judgment.” State ex rel. 2006See State v. Woodard (1993), 68 Ohio St.3d 70, 78 , 623 N.E.2d 75 ; State v. Jones (2001), 91 Ohio St.3d 335, 350 , 744 N.E.2d 1163 ; State v. Ahmed, 103 Ohio St.3d 27 , 2004-Ohio-4190 , 813 N.E.2d 637 , ¶ 111. {¶ 129} Moreover, “it must be kept in mind that the term ‘abuse of discretion’ means more than an error of law or error of judgment.” State ex rel.	1	1
Kelley v. Ford Motor Credit Companygreen ohioctapp · 2000 · cited in 1 Ohio opinions naming this issue, 2002–2002 1 sentence 2002See Kelley , 137 Ohio App.3d at 18 . {¶ 93} "`Abuse of discretion * * * implies not merely error of judgment, but perversity of will, passion, prejudice, partiality, or moral delinquency. {¶ 94} "* * * * {¶ 95} "`[I]t must be kept in mind that "abuse of discretion" means more than an error of law or error of judgment * * *.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Steiner v. Custer green · 1940 2 sentences 2010Wilms v. Blake (1945), 144 Ohio St. 619, 624 , 30 O.O. 220 , 60 N.E.2d 308 : “Moreover, ‘it must be kept in mind that the term “abuse of discretion” means more than an error of law or error of judgment.’ ” Hancock, ¶ 129. {¶ 16} Although it does not affect the outcome of this appeal, we take issue with the proposition that a trial court may, without abusing its discretion, commit an error of law. {¶ 17} We have traced this offensive formulation — that “abuse of discretion” means more than an error of law — as far back as Steiner v. Custer (1940), 137 Ohio St. 448, 451 , 19 O.O. 148 , 31 N.E.2d 2010Wilms v. Blake (1945), 144 Ohio St. 619, 624 , 30 O.O. 220 , 60 N.E.2d 308 : “Moreover, ‘it must be kept in mind that the term “abuse of discretion” means more than an error of law or error of judgment.’ ” Hancock, ¶ 129. {¶ 16} Although it does not affect the outcome of this appeal, we take issue with the proposition that a trial court may, without abusing its discretion, commit an error of law. {¶ 17} We have traced this offensive formulation — that “abuse of discretion” means more than an error of law — as far back as Steiner v. Custer (1940), 137 Ohio St. 448, 451 , 19 O.O. 148 , 31 N.E.2d	5	1953–2010
The People v. . the N.Y.C.R.R. Co. neutral ny · 1864 2 sentences 1963Co., 29 N. Y., 418, 431 , quoted from in Alliance v. Joyce, 49 Ohio St., 7 , 22, 30 N. E., 270 , by Dickman, J. “ ‘The meaning of the term “abuse of discretion” in relation to the granting of a motion for a new trial connotes more than an error of law or of judgment; it implies an unreasonable, arbitrary or unconscionable attitude on the part of the court.’ Steiner v. Custer, 137 Ohio St., 448 , 31 N. E. (2d), 855. “ * * it must be kept in mind that the term “abuse of discretion” means more than an error of law or error of judgment * * . 1955Co. 29 N. Y., 418, 431 , quoted from in Alliance v. Joyce, 49 Oh St 7, 22, 30 N. E. 270 , by Dickman, J. “ ‘The meaning of the term “abuse of discretion” in relation to the granting of a motion for a new trial connotes more than an error of law or of judgment; it implies an unreasonable, arbitrary or unconscionable attitude on the part of the court.’ Steiner v. Custer, 137 Oh St 448, 31 N. E. (2d), 855. “ ‘ * * it must be kept in mind that the term “abuse of discretion” means more than an error of law or error of judgment * * *.	3	1954–1963
State Ex Rel. Wilms v. Blake green · 1945 2 sentences 2010Wilms v. Blake (1945), 144 Ohio St. 619, 624 , 30 O.O. 220 , 60 N.E.2d 308 : “Moreover, ‘it must be kept in mind that the term “abuse of discretion” means more than an error of law or error of judgment.’ ” Hancock, ¶ 129. {¶ 16} Although it does not affect the outcome of this appeal, we take issue with the proposition that a trial court may, without abusing its discretion, commit an error of law. {¶ 17} We have traced this offensive formulation — that “abuse of discretion” means more than an error of law — as far back as Steiner v. Custer (1940), 137 Ohio St. 448, 451 , 19 O.O. 148 , 31 N.E.2d 2010Wilms v. Blake (1945), 144 Ohio St. 619, 624 , 30 O.O. 220 , 60 N.E.2d 308 : “Moreover, ‘it must be kept in mind that the term “abuse of discretion” means more than an error of law or error of judgment.’ ” Hancock, ¶ 129. {¶ 16} Although it does not affect the outcome of this appeal, we take issue with the proposition that a trial court may, without abusing its discretion, commit an error of law. {¶ 17} We have traced this offensive formulation — that “abuse of discretion” means more than an error of law — as far back as Steiner v. Custer (1940), 137 Ohio St. 448, 451 , 19 O.O. 148 , 31 N.E.2d	2	2006–2010
State v. Jones green ohio · 2001 2 sentences 2006See State v. Woodard (1993), 68 Ohio St.3d 70, 78 , 623 N.E.2d 75 ; State v. Jones (2001), 91 Ohio St.3d 335, 350 , 744 N.E.2d 1163 ; State v. Ahmed, 103 Ohio St.3d 27 , 2004-Ohio-4190 , 813 N.E.2d 637 , ¶ 111. {¶ 129} Moreover, “it must be kept in mind that the term ‘abuse of discretion’ means more than an error of law or error of judgment.” State ex rel. 2006See State v. Woodard (1993), 68 Ohio St.3d 70, 78 , 623 N.E.2d 75 ; State v. Jones (2001), 91 Ohio St.3d 335, 350 , 744 N.E.2d 1163 ; State v. Ahmed, 103 Ohio St.3d 27 , 2004-Ohio-4190 , 813 N.E.2d 637 , ¶ 111. {¶ 129} Moreover, “it must be kept in mind that the term ‘abuse of discretion’ means more than an error of law or error of judgment.” State ex rel.	1	2006–2006
State v. Ahmed green ohio · 2004 1 sentence 2006See State v. Woodard (1993), 68 Ohio St.3d 70, 78 , 623 N.E.2d 75 ; State v. Jones (2001), 91 Ohio St.3d 335, 350 , 744 N.E.2d 1163 ; State v. Ahmed, 103 Ohio St.3d 27 , 2004-Ohio-4190 , 813 N.E.2d 637 , ¶ 111. {¶ 129} Moreover, “it must be kept in mind that the term ‘abuse of discretion’ means more than an error of law or error of judgment.” State ex rel.	1	2006–2006

Where else courts name it

WA 174 (1982–2026) PA 16 (1909–2021) OH 9 (1953–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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