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Supreme Court of Ohio - Case No. 2022-1286 State ex rel. Yost v. FirstEnergy Corp.
Did State Properly Take Property of Former PUCO Chair?
State of Ohio ex rel. Dave Yost, Ohio attorney general v. FirstEnergy Corp., Samuel C. Randazzo and Sustainability Funding Alliance of Ohio, Inc. et al., Case No. 2022-1286
Tenth District Court of Appeals (Franklin County)
ISSUES:
- To support an order to take and hold property while a civil lawsuit is pending, must a trial court only find probable cause of a present danger that property is going to be immediately disposed of, concealed, or placed beyond the jurisdiction of the court?
- Can an appellate court review evidence submitted at a trial court hearing that wasn't available at an earlier hearing conducted without notice to the defendant?
- What amount can be garnished in a court order to take property?
State of Ohio ex rel. Dave Yost, Ohio attorney general v. FirstEnergy Corp., Samuel C. Randazzo and Sustainability Funding Alliance of Ohio, Inc. et al., Case No. 2022-1286
Tenth District Court of Appeals (Franklin County)
ISSUES:
- To support an order to take and hold property while a civil lawsuit is pending, must a trial court only find probable cause of a present danger that property is going to be immediately disposed of, concealed, or placed beyond the jurisdiction of the court?
- Can an appellate court review evidence submitted at a trial court hearing that wasn't available at an earlier hearing conducted without notice to the defendant?
- What amount can be garnished in a court order to take property?
June 28, 2023