Morgan Stanley Dean Witter Comm. Fin. Serv. v. Sutula

Full title: Morgan Stanley Dean Witter Commercial Financial Services, Inc., et al.…

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Jul 27, 2010

2010 Ohio 3501 (Ohio Ct. App. 2010)

Opinion

No. 93156.

RELEASE DATE: July 27, 2010.

Writ of Prohibition, Order No. 435452.

WRIT DENIED.

Ronald H. Isroff, Natalie M. Hostacky, Attorney for Relator.

William D. Mason, Cuyahoga County Prosecutor, By: Charles E. Hannan, Jr., Assistant County Prosecutor, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

ANN DYKE, J.

{¶ 1} In Morgan Stanley Dean Witter Commercial Fin. Servs., Inc. v. Sutula, 185 Ohio App.3d 152, 923 N.E.2d 642, 2009-Ohio-6109 ["Case No. 93156"], this court issued a writ of prohibition preventing respondent judge from proceeding in the underlying case, Marks v. Morgan Stanley Dean Witter Commercial Fin. Servs., Inc., Cuyahoga County Court of Common Pleas Case No. CV-502459. On June 9, 2010, the Supreme Court reversed this court's holding in Case No. 93156 in Morgan Stanley Dean Witter Commercial Fin. Servs., Inc. v. Sutula, Slip Opinion No. 2010-Ohio-2468.

{¶ 2} Accordingly, this court's journal entry and opinion released on November 16, 2009 and granting a writ of prohibition is vacated. Judgment is entered for respondent judge. Relators to pay costs. The clerk is directed to serve upon the parties notice of this judgment and its date of entry upon the journal. Civ. R. 58(B).

Writ denied.

SEAN C. GALLAGHER, A.J., and LARRY A. JONES, J., CONCUR.