When an action or proceeding in which declaratory relief is sought under this chapter involves the determination of an issue of fact, that issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the action or proceeding is pending.
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1953–2025 · leading case: Erie Ins. Grp. v. Fisher, 474 N.E.2d 320 (Ohio 1984).
Erie Ins. Grp. v. Fisher, 474 N.E.2d 320 (Ohio 1984). · cites it 3דR.C. 2721.10 provides for jury trial in declaratory judgment actions as follows: “When a proceeding under sections 2721.”
Blair v. McDonagh, 894 N.E.2d 377 (Ohio Ct. App. 2008). “” 29 {¶ 56} R.C. 2721.10 provides that when a declaratory-judgment action involves an issue of fact, the court may determine that issue in the same manner that it determines issues of fact in other civil actions.”
First Nat'l Bank v. Miami Univ., 699 N.E.2d 523 (Ohio Ct. App. 1997). · cites it 4ד31, which governs the determination of issues of fact in proceedings before a probate court, provides that “[a]ll questions *177 of fact shall be determined by the probate judge, unless he orders them tried by a jury * * *.”
Homan, Inc. v. A1 AG Servs., L.L.C., 885 N.E.2d 253 (Ohio Ct. App. 2008). · cites it 2דFifth Assignment of Error The trial court erred, as a matter of law, by making factual findings on Defendanb-Appellee Kaiser’s motion for declaratory judgment as to the enforceability of the non-compete/disclosure agreement (count I) — not a subject of Plaintiff’s motion for…”
Scott v. Houk, 2010 Ohio 5805 (Ohio 2010). · cites it 2ד” R.C. 2721.10. See also Civ.R. 57 (“The procedure for obtaining a declaratory judgment * * * shall be in accordance with these rules”).”
Giurbino v. Giurbino, 626 N.E.2d 1017 (Ohio Ct. App. 1993). ““In addition, R.C. 2721.10, which guarantees litigants the right to have issues of fact presented in declaratory judgment actions determined in the same manner as issues of fact are generally determined by the court hearing the action, does not contradict this rule.”
Wagner v. City of Cleveland, 574 N.E.2d 533 (Ohio Ct. App. 1988). “Defendants’ second assignment of error follows: “The trial court erred by entering declaratory judgment against the defendants sua sponte without the trial to which defendants were entitled under R.C. 2721.10.” Defendants’ second assignment of error is without merit.”
Litva v. Vill. of Richmond, 874 N.E.2d 1243 (Ohio Ct. App. 2007). “Merits of Takings Claim {¶ 48} Finally, even if the trial court had addressed the merits of appellants’ takings claim, it acted improperly by denying that claim at this point in the litigation.”
Grange Mut. Cas. Co. v. Smith, 609 N.E.2d 585 (Ohio Ct. App. 1992). · cites it 2ד42 provides in part: “(B) Unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a…”
Bobko v. Sagen, 572 N.E.2d 823 (Ohio Ct. App. 1989). “In addition, R.C. 2721.10, which guarantees litigants the right to have issues of fact presented in declaratory judgment actions determined in the same manner as issues of fact are generally determined by the court hearing the action, does not contradict this rule.”
Allason v. Gailey, 2010 Ohio 4952 (Ohio Ct. App. 2010). “” *499 {¶ 26} R.C. 2721.10 provides: “When an action or proceeding in which declaratory relief is sought under this chapter involves the determination of an issue of fact, that issue may be tried and determined in the same manner as issues of fact are tried and determined in…”
Harleysville Mut. Ins. Co. v. Santora, 444 N.E.2d 1076 (Ohio Ct. App. 1982). · cites it 4דIll “Under O.R.C. 2721.10, the right of trial by jury is preserved in declaratory judgment actions.”
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