lack of an evidentiary hearing (Ohio) · Go Syfert
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lack of an evidentiary hearing in Ohio

6 Ohio opinions name it 1 courts 2005–2019 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)

CaseFollowedCited
Kenney v. Carrollgreen
ohioctapp · 2017 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019See Kenney, 2017-Ohio-354 at ¶ 27 , quoting Batcher, 2013-Ohio-4677 at ¶ 10 . {¶26} The decision of the trial court demonstrates that, contrary to its ruling, the court did not truly sustain Father’s objection to the absence of a change in circumstances, and omitted ruling on Father’s objection to the lack of an evidentiary hearing altogether.

11
Batcher v. Piercegreen
ohioctapp · 2013 · cited in 1 Ohio opinions naming this issue, 2019–2019
1 sentence

2019See Kenney, 2017-Ohio-354 at ¶ 27 , quoting Batcher, 2013-Ohio-4677 at ¶ 10 . {¶26} The decision of the trial court demonstrates that, contrary to its ruling, the court did not truly sustain Father’s objection to the absence of a change in circumstances, and omitted ruling on Father’s objection to the lack of an evidentiary hearing altogether.

11
In Re Williamsgreen
ohioctapp · 1992 · cited in 1 Ohio opinions naming this issue, 2005–2005
2 sentences

2005See In re Williams, 78 Ohio App.3d 556 , 605 N.E.2d 475 ; Linden Med.

2005See In re Williams, 78 Ohio App.3d 556 , 605 N.E.2d 475 ; Linden Med.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Boster v. C & M Service, Inc. green
ohioctapp · 1994
2 sentences

2014No. 2008–CA–57, 2009–Ohio–3765, ¶ 17, citing Boster v. C & M Serv., Inc., 93 Ohio App.3d 523, 526 , 639 N.E.2d 136 (10th Dist.1994) (emphasis in original). {¶51} In light of our previous analysis herein, we find no merit in Appellant's claim that the lack of an evidentiary hearing on his 60(B) motion constituted reversible error under the facts and circumstances of this case.

2014No. 2008–CA–57, 2009–Ohio–3765, ¶ 17, citing Boster v. C & M Serv., Inc., 93 Ohio App.3d 523, 526 , 639 N.E.2d 136 (10th Dist.1994) (emphasis in original). {¶51} In light of our previous analysis herein, we find no merit in Appellant's claim that the lack of an evidentiary hearing on his 60(B) motion constituted reversible error under the facts and circumstances of this case.

22012–2014
Pons v. Ohio State Medical Board green
ohio · 1993
1 sentence

2008When applying the abuse of discretion standard, we may not substitute our judgment for that of the trial court, Pons v. Ohio State Medical Board (1993), 66 Ohio St. 3d 619 , 621 .

12008–2008
State ex rel. Richard v. Seidner green
ohio · 1996
1 sentence

2006II. {¶ 33} The Second Assignment asserts error in the lack of an evidentiary hearing. {¶ 34} We find that Appellant, as in State v. Seidner (1996), 76 Ohio St.3d 149 , failed to allege operative facts warranting relief from judgment requiring an evidentiary hearing. {¶ 35} No abuse of discretion in this regard is present. {¶ 36} The judgment of the Stark County Court of Common Pleas is affirmed at Appellant's costs.

12006–2006

Where else courts name it

TX 8 (2008–2021) OH 6 (2005–2019) FL 6 (1999–2024) UT 5 (2013–2017) IN 4 (2009–2019) IL 4 (2015–2025) CA 4 (2013–2015) TN 3 (2000–2019) MN 2 (1996–2014) RI 2 (2012–2016) MI 2 (2019–2025) AZ 2 (2020–2024) AL 2 (2007–2023)

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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