Legal Opinion

Desantis v. Soller

Ohio Court of Appeals

Decided November 8, 1990No. 89AP-1374PublishedCited by 37 opinions

1Opinion of the Court

Whiteside, Judge.

Defendant James P. Sober and plaintiff, Albert J. DeSantis, both appeal from a judgment of the Franklin County Common Pleas Court. Defendant Sober raises three assignments of error as follows:

“I. If a trial court, in modifying a referee’s report, creates an issue of damages not dealt with by the referee, it is error for the court to make a finding of fact on a disputed issue which is specifically omitted by the referee, without either hearing the matter itself or returning the report to the referee with instructions to make the necessary findings pursuant to Civ.R. 53(E)(2).
“I…

2Cases cited7 opinions

  1. Normandy Place Associates v. BeyerOhio Supreme Court · 1982
  2. Roesch v. BrayOhio Court of Appeals · 1988
  3. Kebe v. Nutro MacHinery Corp.Ohio Court of Appeals · 1985
  4. In Re Estate of WoodsOhio Court of Appeals · 1959
  5. White v. NemastilOhio Court of Appeals · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. City of Dayton v. WhitingOhio Court of Appeals · 1996
  2. Siegel v. Univ. of Cincinnati College of MedicineOhio Court of Appeals · 2015
  3. Shihab & Associates Co., L.P.A. v. Ohio Department of TransportationOhio Court of Appeals · 2006
  4. PHH Mtge. Corp. v. RamseyOhio Court of Appeals · 2014
  5. Gannett GP Media, Inc. v. Ohio Dept. of Pub. SafetyOhio Court of Claims · 2017

32 more not listed; retrieve them via the Exa API.

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