Santana v. Auto-Owners Ins. Co.

Annotate this Case
Download PDF
OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. Santana, Appellee, v. Auto-Owners Insurance Company, Appellant. [Cite as Santana v. Auto-Owners Ins. Co. (1994), Ohio St.3d .] Appellate procedure -- Supreme Court jurisdiction -- Actual conflict between appellate districts on rule of law must exist before certification of conflict is proper. (No. 93-1349 -- Submitted March 29, 1994 -- Decided May 4, 1994.) Certified by the Court of Appeals for Lucas County, No. L-92-262. Law Offices of Mollenkamp & Fisher, John B. Fisher and Alan L. Mollenkamp, for appellee. Jones & Bahret Co., L.P.A., Robert J. Bahret and Keith J. Watkins, for appellant. This cause is before this court upon the certification of the Court of Appeals for Lucas County that its judgment conflicted with the judgment of the Court of Appeals for Mahoning County in Miller v. Shelby Mut. Ins. Co. (1969), 20 Ohio App.2d 323, 49 O.O.2d 451, 253 N.E.2d 801. Having examined Miller and the record in the present cause, we find that the judgments do not conflict. Accordingly, the appeal is dismissed. Copeco, Inc. v. Caley (1994), 69 Ohio St.3d , N.E.2d ; Whitelock v. Gilbane Bldg. Co. (1993), 66 Ohio St.3d 594, 613 N.E.2d 1032; Freeman v. Holzer Med. Ctr. (1993), 66 Ohio St.3d 601, 613 N.E.2d 1037; State v. Parobek (1990) 49 Ohio St.3d 61, 550 N.E.2d 476; State v. Radar (1989), 47 Ohio St.3d 112, 548 N.E.2d 210; Hays v. St. Elizabeth Hosp. Med. Ctr. (1988), 38 Ohio St.3d 60, 526 N.E.2d 307; Cook v. Mayfield (1988), 37 Ohio St.3d 44, 523 N.E.2d 502; State v. Palider (1987), 33 Ohio St.3d 68, 514 N.E.2d 873. Moyer, C.J., A.W. Sweeney, Douglas, Wright, Christley, F.E. Sweeney and Pfeifer, JJ., concur. Judith A. Christley, J., of the Eleventh Appellate District, sitting for Resnick, J.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.