Blog

Recent Blog Posts

• Keeping the grass short is not enough: The Supreme Court refines adverse possession in NC Enterprises By Terry Posey    Adverse possession is a doctrine that every lawyer encounters early in their first-year law school property class—the classic “squatter’s rights” analysis involving “open, notorious, exclusive and hostile” possession. Despite its ancient roots, it remains “still new law” as the Ohio Supreme Court continues to issue significant clarifications on the high bar required to strip a record title holder of their property.In its recent decision in NC Enterprises, LLC v. Norfolk & Western Railway Co., 2026-Ohio-1429, the court addressed... More
• Overruling precedent in Ohio: The Westfield v. Galatis test explained By Brad Hughes    Ohio’s Westfield v. Galatis test for overruling precedentNearly 25 years ago, the Westfield Ins. Co. v. Galatis decision established the Ohio Supreme Court’s three-part test for overruling its own precedent. This is an essential framework for understanding Ohio appellate law. In Galatis, the court emphasized that stare decisis remains the “bedrock of the American judicial system,” ensuring stability and predictability in the law. Drawing on a disciplined approach developed by the Michigan Supreme Court, the court adopted a... More
• Analyzing the March 17, 2026 Ohio Supreme Court jurisdictional announcements By Terry Posey    The Ohio Supreme Court’s jurisdictional announcement on March 17, 2026, serves as a stark reminder of the “selective” nature of the discretionary docket. While previous weeks in February and early March showed higher acceptance rates due to held cases, this most recent announcement saw a return to a high-threshold review, particularly in the civil arena. Below, we break down the data from this release, including a practice-area analysis, and how it impacts the 2026 Year-to-Date (YTD) benchmarks for... More
• When does the zoning appeal clock start in Ohio? By Terry Posey    The Supreme Court of Ohio recently clarified a key question in Ohio zoning law: when does a zoning decision trigger the right to appeal? In 729 West 130th Street, L.L.C. v. Hinckley Twp. Bd. of Zoning Appeals, the court held that an informal email from a zoning inspector is not a “decision” under R.C. 519.15 and does not start the 20-day appeal deadline.The dispute: When does the clock start?The owners of a closed tavern in Hinckley Township sought... More
• What’s in a name? – Ohio’s tradition of name familiarity on the appellate bench By Porter Wright    It is often said that in Ohio politics, a good last name is worth ten points on Election Day and a lifetime of “Wait, which one are you again?” at the local bar association holiday party.  For attorneys navigating Ohio’s 12 appellate districts, the roster of Ohio appellate judges can sometimes feel like a family reunion.If you’ve ever felt like you’re seeing double (or triple) while checking the docket, you aren’t alone. Whether it’s a matter of “name... More
• Inside the “black box:” Analyzing the March 3, 2026 jurisdictional announcements By Terry Posey    The Supreme Court of Ohio released another round of jurisdictional decisions on March 3, 2026, declining review in 32 cases and accepting two criminal appeals. The latest discretionary docket update provides additional data for our 2026 year-to-date analysis of Ohio Supreme Court acceptance rates and jurisdictional trends. This announcement addresses 32 rejections and 2 targeted acceptances giving more data for our 2026 Year-to-Date (YTD) analytics but largely confirming the Feb. 21 statistics.As of March 3, 2026, the Supreme... More
• Inside the “black box:” Analyzing the Feb. 17, 2026 jurisdictional announcements By Terry Posey    Welcome back to OhioAppeals.com. For practitioners, the Ohio Supreme Court’s discretionary docket can often feel like a black box. By tracking every yes and no, we aim to provide a data-driven look at how the Supreme Court is shaping its calendar.Today, we look at the announcements from Feb. 17, 2026, and how they compare to the broader trends we’ve seen in the 144 total discretionary appeal decisions issued throughout 2026 YTD.A note on the data: We are working... More
• Oral argument continuances 2026: A rare success in Straub Nissan for vacations! By Terry Posey    In legal practice, few things trigger more anxiety than the collision of a long-awaited family vacation and a newly issued oral argument notice from the Ohio Supreme Court. As we have documented on this blog previously, the court is notoriously reluctant to reschedule arguments. Under S. Ct. Prac. R. 17.01(D), an assignment before the High Court takes precedence over nearly everything else.We have tracked this rigid standard through various “sobering reminders,” such as the court’s denial of a... More
• How long is one year? By Tony Graber    Sometimes the most fundamental questions yield the most contentious answersIt sounds like a trick question, doesn’t it? How long is one year? 12 months, right? 365 days (366 in a leap year)? Well, according to a recent Ohio Supreme Court decision, the answer depends on whether you’re counting forward from an event or computing a statutory deadline, and the distinction matters more than you might think.In Sauter v. Integrity Cycles, L.L.C., 2026-Ohio-88, the Ohio Supreme Court tackled what... More
• Is denial of bifurcation a final appealable order? Maybe not, but the court isn’t telling why (yet) By Brad Hughes    Those pesky final, appealable order questions just never stop comingI remember 30 years ago when I served as a law-student intern at Ohio’s Second District Court of Appeals, one of my primary jobs was to review incoming appeals to help the judges decide whether the orders being appealed were final, appealable orders (FAOs) under Ohio law.It wasn’t always easy! I can remember some animated discussions among the judges on the issue. And as a number of prior posts... More