Adoption of Cassada, In re
| Decision Date | 21 December 1960 |
| Docket Number | No. 36492,36492 |
| Citation | 171 N.E.2d 511,171 Ohio St. 368 |
| Parties | , 14 O.O.2d 115 In re ADOPTION OF CASSADA. |
| Court | Ohio Supreme Court |
Earl W. Mathews, Warren, for appellants, Richard Elias Williams and Rita Jean Williams.
Sieman & Sieman, Warren, for appellee, Oscar Cassada.
The judgment of reversal by the Court of Appeals for failure of proof by the greater weight of the evidence is in effect an expression of its conclusion that the judgment of the Probate Court is against the weight of the evidence (State v. Geghan, 166 Ohio St. 188, 140 N.E.2d 790). In such a case it is the sole function of the Court of Appeals to set aside the judgment and remand the cause for a new trial. The Court of Appeals was in error in rendering final judgment. State v. Geghan, supra; Bown & Sons v. Honabarger, 171 Ohio St. 247, 168 N.E.2d 880. Therefore, the judgment of the Court of Appeals is reversed, and the cause is remanded to the Probate Court for further proceedings.
Judgment reversed and cause remanded.
To continue reading
Request your trial
-
Lincoln Properties, Inc. v. Goldslager
...consent to adoption); In re Estate of Witteman (1965),3 Ohio St.2d 66, 209 N.E.2d 427 (election of surviving spouse); In re Cassada (1960), 171 Ohio St. 368, 171 N.E.2d 511 (refusal of consent to adoption); Bown & Sons v. Honabarger (1960), 171 Ohio St. 247, 168 N.E.2d 880 (foreclosure of l......
-
Adoption of Lewis, In re, s. 40032
...Geghan (1957), 166 Ohio St. 188, 140 N.E.2d 790; Henry v. Henry (1952), 157 Ohio St. 319, 105 N.E.2d 406; and In re Adoption of Cassada (1960), 171 Ohio St. 368, 171 N.E.2d 511. We, therefore, remand these causes to the Probate Court for further proceedings as if they had been remanded by t......
-
Candela v. New York Cent. System
...on the weight of the evidence. Its sole function was to set aside the judgment and remand the cause for a new trial. In re Adoption of Cassada, Ohio St., 171 N.E.2d 511. Therefore, the judgment of the Court of Appeals is reversed, and the cause is remanded to the Court of Common Pleas for f......