Borkosky v. Mihailoff

5 Citing cases

  1. In re D.P.J

    2013 Ohio 4469 (Ohio Ct. App. 2013)

    {¶ 11} "The jurisdiction of a court is that power conferred upon it by law, by which the court is authorized to hear, determine and render final judgment in an action, and to enforce its judgment by legal process." Borkosky v. Mihailoff, 132 Ohio App.3d 508, 511, 725 N.E.2d 694 (3rd Dist. 1999), citing State ex rel. Ellis v. Bd. of Deputy State Supervisors of Cuyahoga Cty., 70 Ohio St. 341, 349, 71 N.E. 717 (1904). Subject-matter jurisdiction "is a 'condition precedent to the court's ability to hear the case.

  2. Salyer v. Newman

    2011 Ohio 6676 (Ohio Ct. App. 2011)

    {¶ 16} "The jurisdiction of a court is that power conferred upon it by law, by which the court is authorized to hear, determine and render final judgment in an action, and to enforce its judgment by legal process." Borkosky v. Mihailoff (1999), 132 Ohio App.3d 508, 511, 725 N.E.2d 694, citing State ex rel. Ellis v. Bd. of Deputy State Supervisors of Cuyahoga Cty. (1904), 70 Ohio St. 341, 349, 71 N.E. 717. "Because subject-matter jurisdiction goes to the power of the court to adjudicate the merits of a case, it can never be waived and may be challenged at any time. It is a 'condition precedent to the court's ability to hear the case.

  3. Thebeau v. Thebeau

    2008 Ohio 4751 (Ohio Ct. App. 2008)

    "The jurisdiction of a court is that power conferred upon it by law, by which the court is authorized to hear, determine and render final judgment in an action, and to enforce its judgment by legal process." State ex rel. ACCSEA v. Balch, Athens App. No 06CA26, 2007-Ohio-7168, at ¶ 22, citing Borkosky v. Mihailoff (1999), 132 Ohio App.3d 508, 511, 725 N.E.2d 694. The existence of the trial court's subject matter jurisdiction is a question of law that we review de novo.

  4. Tewksbury v. Tewksbury

    2008 Ohio 4600 (Ohio Ct. App. 2008)

    {¶ 14} "The jurisdiction of a court is that power conferred upon it by law, by which the court is authorized to hear, determine and render final judgment in an action, and to enforce its judgment by legal process." Borkosky v. Mihailoff (1999), 132 Ohio App.3d 508, 511, 725 N.E.2d 694, citing State ex rel. Ellis v. Bd. of Deputy State Supervisors of Cuyahoga Cty. (1904), 70 Ohio St. 341, 349, 71 N.E. 717. A court possesses initial authority to determine its own jurisdiction over the parties and the subject matter absent a patent and unambiguous lack of jurisdiction.

  5. State v. Balch

    2007 Ohio 7168 (Ohio Ct. App. 2007)

    {¶ 23} "The jurisdiction of a court is that power conferred upon it by law, by which the court is authorized to hear, determine and render final judgment in an action, and to enforce its judgment by legal process." Borkosky v. Mihailoff (1999), 132 Ohio App.3d 508, 511, 725 NE.2d 694, citing State ex rel. Ellis v. Bd. of Deputy State Supervisors of Cuyahoga Cty. (1904), 70 Ohio St. 341, 349, 71 NE. 717. "A court possesses initial authority to determine its own jurisdiction over the parties and the subject matter absent a patent and unambiguous lack of jurisdiction. State ex rel. Enyart v. O'Neill (1995), 71 Ohio St.3d 655, 646 N.E.2d 1110.