Morgan Stanley Dean Witter Commercial Fin. Servs., Inc. v. Sutula

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[Cite as Morgan Stanley Dean Witter Commercial Fin. Servs., Inc. v. Sutula, 2010-Ohio-3501.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 93156 MORGAN STANLEY DEAN WITTER COMMERCIAL FINANCIAL SERVICES, INC., ET AL. RELATOR vs. JUDGE JOHN SUTULA RESPONDENT JUDGMENT: WRIT DENIED Writ of Prohibition Order No. 435452 RELEASE DATE: July 27, 2010 ATTORNEY FOR RELATOR 2 Ronald H. Isroff Natalie M. Hostacky Ulmer & Berne L.L.P. Skylight Office Tower 1660 West 2nd St., Suite 1100 Cleveland, Ohio 44113-1448 ATTORNEYS FOR RESPONDENT William D. Mason Cuyahoga County Prosecutor By: Charles E. Hannan, Jr. Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 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. 3 {¶ 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. ANN DYKE, JUDGE SEAN C. GALLAGHER, A.J., and LARRY A. JONES, J., CONCUR

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