Legal Opinion

Nasal v. Burge, 08-Ca-40 (4-10-2009)

Ohio Court of Appeals

Decided April 10, 2009No. 08-CA-40PublishedCited by 2 opinions

1Opinion of the Court

OPINION

{¶ 1} Defendant-appellant Edward D. Burge appeals from an order of the trial court holding him in contempt for having violated an injunction, previously entered in that court, prohibiting him from living within 1,000 feet of a school, and in imposing a sanction. Burge contends that the injunction he admittedly violated was void, under the authority of Hyle v. Porter, 117 Ohio St.3d 165,2008-Ohio-542, so that he could not have been deemed in contempt for having violated it.

{¶ 2} We conclude that the injunction Burge violated was voidable, but not void. Therefore, the trial court did not…

2Cases cited3 opinions

  1. Hyle v. PorterOhio Supreme Court · 2008
  2. Ackerman v. Tri-City Geriatric & Health Care, Inc.Ohio Supreme Court · 1978
  3. Elkem Metals Co., L.P. v. Washington Cty. Bd. of RevisionOhio Supreme Court · 1998

3Cited by2 opinions

  1. R.L.R. Invests., L.L.C. v. Cross Street Partners, L.L.C.Ohio Court of Appeals · 2024
  2. Brown v. SiglerOhio Court of Appeals · 2011

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