1 Ohio App. 2d 57 - In Re Rule’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear from this statute that if this appeal involved solely a determination that a child is neglected then the same would constitute a final appealable order. However, the judgment or order herein appealed is one which modifies an earlier temporary custody order entered concurrent with a finding of neglect. Although the Juvenile Court has original jurisdiction to determine the custody of any child not a ward of another court, which jurisdiction may, in an appropriate case, be exercised without a finding of neglect * * *, the temporary custody order, and the modification thereof, here involved, did not arise in the exercise of such original jurisdiction but arose instead under the provisions of Section 2151.35 , Revised Code, prescribing the disposition to be made when the court finds that a child is neglected. Under such circumstances it is our opinion that the temporary custody order and any modification thereof are as inextricably a part of, incidental to, and an implementation of the judgment or order finding the child neglected, as a sentence in a criminal case is related to a judgment of conviction. "It is therefore our opinion that the order * * * modifying the temporary custody order * * *, entered in disposition of a finding that the children herein were neglected, constitutes a final appealable order under the provisions of Section 2501.02 , Revised Code.”

   1 later decision quote this exact passage
   e.g. 61 Ohio App. 3d 788 - In Re Smith

2. “It is therefore our opinion that the order * * * modifying the temporary custody order * * *, entered in disposition of a finding that the children herein were neglected, constitutes a final appealable order under the provisions of Section 2501.02 , Revised Code.”

   1 later decision quote this exact passage
   e.g. 61 Ohio App. 3d 788 - In Re Smith

3. “In addition to the original jurisdiction conferred by Section 3 of Article IV , Ohio Constitution, the court [of appeals] shall have jurisdiction:”

   1 later decision quote this exact passage
   e.g. 61 Ohio App. 3d 788 - In Re Smith