In a civil case or proceeding, except when its jurisdiction is original and except as provided by section 2309.59 of the Revised Code, the supreme court need not determine as to the weight of the evidence.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1988–2023 · leading case: In re Z.C., 2023-Ohio-4703, 230 N.E.3d 1123.
In re Z.C., 2023-Ohio-4703, 230 N.E.3d 1123. · cites it 2דHowever, “[r]eversal on the manifest weight of the evidence and remand for a new trial are not to be taken lightly.”
Eastley v. Volkman, 2012-Ohio-2179, 972 N.E.2d 517. “R.C. 2503.43 states, “In a civil case or proceeding, except when its jurisdiction is original and except as provided by section 2309.”
Belvedere Condo. Unit Owners' Ass'n v. R.E. Roark Companies, Inc., 617 N.E.2d 1075 (Ohio 1993). · cites it 2דmajority says such things as: “It [the court of appeals] specifically found that the evidence adduced at trial supported all five elements of common-law fraud * * *”; “ * * * the Association did not introduce sufficient evidence to pierce RERC’s corporate veil and reach Roark…”
Van Fossen v. Babcock & Wilcox Co., 522 N.E.2d 489 (Ohio 1988). “R.C. 2503.43 states that “[i]n a civil case or proceeding, * * * the supreme court need not determine as to the weight of the evidence.”
State ex rel. Celebrezze v. Env't Enter., Inc., 559 N.E.2d 1335 (Ohio 1990). · cites it 2דSee R.C. 2503.43. II In Count XV of its complaint, appellant alleged that appellees failed to take adequate precautions against a fire which had occurred in September 1986 and, thereby, violated Ohio Adm.”
Huntington Nat'l Bank v. Chappell, 915 N.E.2d 665 (Ohio Ct. App. 9th Dist. 2007). “Morris as setting forth the test for sufficiency, even though, in that case, the court had referred to it as the test for whether a judgment was against the manifest weight of the evidence: This court is not required to determine the weight of evidence in civil matters, R.”
Chem. Bank v. Neman, 556 N.E.2d 490 (Ohio 1990). “Section 3(B)(3), Article IV of the Ohio Constitution provides that “[n]o judgment resulting from a trial by jury shall be reversed on the weight of the evidence except by concurrence of all three judges hearing the cause.”
Miller v. Wikel Mfg. Co., 545 N.E.2d 76 (Ohio 1989). “This court, see R.C. 2503.43, need not weigh the evidence.”
Eberly v. A-P Controls, Inc., 572 N.E.2d 633 (Ohio 1991). “I A-P contends that the verdict was not supported by the evidence and, thus, the trial court erred when it denied A-P’s motion for a directed verdict.”
Schellhouse v. Norfolk & W. Ry. Co., 575 N.E.2d 453 (Ohio 1991). “2d 490, 494 , we said that “[t]his court is not required to determine the weight of evidence in civil matters, R.C. 2503.43, and ordinarily will not do so.”
Belvedere Condo. Unit Owners' Assn. v. R.E. Roark Cos., Inc., 67 Ohio St. 3d 274 (1993). · cites it 2ד" {¶ 58} Clearly, the majority has, in order to arrive at its predetermined judgment, reweighed the evidence and substituted its judgment for that of the court of appeals.”
Schwartz v. Honeywell Int'l, Inc., 102 N.E.3d 477 (Ohio 2018). “We must decide whether the jury, having been presented with the testimony in the record, could have reasonably decided that the decedent's exposure to asbestos from Bendix brakes was a substantial factor in causing her mesothelioma. In doing so, we are required to "constru[e]…”
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