On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed...more
Last year in West v. Bode, the Ohio Supreme Court determined that mineral estates are subject to the statutory double barrel of both the Marketable Title Act (MTA) and the Dormant Mineral Act (DMA), providing surface owners...more
On March 16, 2021, the Supreme Court of Ohio issued its opinion in Erickson et al. v. Morrison et al., Slip Opinion No. 2021-Ohio-746, clarifying the decision in Blackstone v. Moore, 2018-Ohio-4959, and holding that a...more
On December 2, 2020, the Supreme Court of Ohio issued its opinion in West v. Bode, 2020-Ohio-5473, and determined that either the Marketable Title Act (“MTA”) or the Dormant Mineral Act (“DMA”) may be used to reunite a...more
In a closely-watched case that carried potentially drastic consequences, on December 2, 2020, the Supreme Court of Ohio issued its decision in West v. Bode, 2020-Ohio-5473. In a close 4-3 decision, the Court held that there...more
The Marketable Title Act - Garden Botanical Garden v. Drewien, 8th Dist. Cuyahoga No. 108536, 2020-Ohio-1278 - In this case, the Eighth Appellate District affirmed in part and reversed in part the trial court’s...more
Real Property Update - Foreclosure / Attorneys' Fees: borrower not entitled to attorneys' fees for prevailing on lender's claim for reformation of mortgage, where lender prevailed on claim of foreclosure without...more
Associate Tom Cowan presented "Patent Basics for the Aerospace Industry," at the Space Foundation Space Commerce Workshop at the Aerospace Corporation in El Segundo, California. As the keynote speaker for the event, Tom...more
On December 13, 2018, in Blackstone v. Moore, 2018-Ohio-4959, the Ohio Supreme Court ruled that a reference that includes the type of interest created and to whom the interest was granted is sufficiently specific to preserve...more
REAL PROPERTY UPDATE - Lis Pendens: lawsuit to foreclose mortgage on real property is an action "founded on a duly recorded instrument" - National American Home, LLC v Deutsche Bank Nat. Trust Co., Case No. 4D17-2614 (Fla....more
When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice. Establishing a value for the business can be...more
REAL PROPERTY UPDATE - Amendment to Foreclosure Rules and Forms: Florida Supreme Court amended Florida Rule of Civil Procedure 1.115 and Forms 1.944 and 1.996 to conform with § 702.015, Fla. Stat. (2015) and “expedite...more
REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more