Turoff v. Stefanac

1 Citing case

  1. Rock House Fitness Inc. v. Himes

    2021 Ohio 245 (Ohio Ct. App. 2021)   Cited 4 times

    "Where a hearing on an application for a preliminary injunction is to be consolidated with a trial on the merits, Civ.R. 65(B)(2) requires the court to issue a 'consolidation' order before the hearing, thus providing the parties with notice that the case is, in fact, being heard on the merits." Turoff v. Stefanac, 16 Ohio App.3d 227 (8th Dist.1984), paragraph two of the syllabus. {ΒΆ29} For example, in Ohioans for Concealed Carry v. Columbus, ,2019-Ohio-3105, 140 N.E.3d 1215 (10th Dist.), the Tenth District held that the city was prejudiced by the trial court's failure to give clear and unambiguous notice that it intended to consolidate the preliminary injunction hearing with the trial on the merits, where gun rights activists did not disclose their expert's opinions before hearing; the city was unable to effectively cross-examine the activists' expert; the city made the strategic decision based on procedural status of the matter to not present expert or factual evidence; and the trial court relied on the activists' expert testimony in its resolution of the issues.