John Mulvey's Legal Cases (4)

Real estate

PSP NORTH, LLC v. ATTYBOYS, LLC, 391 S.W.3d 396 (2013)

Jan 01, 2013

OUTCOME: Summary judgment granted in favor of Client.

The circuit court determined Attyboys holds an irrevocable license to use a ramp that extends from its property onto the property of its neighbor, PSP. Affirmed by Commonwealth of Kentucky Court of ... Appeals. irrevocability of a license does not run with the land to which a license applies, but passes, if at all, by equitable principles to the subsequent owner. Court held law was extended to PSP, being the successor-in interest, and having had notice of the irrevocable license held by Attyboys prior to purchasing the property, was barred by equitable principles from revoking Attyboys’ license.

Contracts and agreements

The Big H, Inc. v. Watson, 2006-Ohio-4031

Aug 04, 2006

OUTCOME: Judgment reversed and cause remanded

If a corporate officer executes a contract in a way that indicates personal liability, then that officer is personally liable regardless of his or her intention. Under the parol evidence rule, if a co ... ntract is unambiguous, a court should not use extrinsic evidence to interpret the contract.

Criminal defense

VILLAGE OF AMBERLEY v. LEVINE, 108 Ohio Misc. 2d 13

Mar 03, 2000

OUTCOME: Cause is dismissed. Defendant's Motion granted and defendant discharged.

A Mayor's Court requirement that defendant “register” a “not guilty” plea (by calling the Clerk of Court before 12:00 Noon on the Monday preceding the Mayor's Court date listed on the bottom of Defend ... ant's citation) is an attempt to place the burden of providing a timely trial upon the defendant. This requirement seems similar to requiring the defendant to subpoena the state's witnesses for trial. It is in the prosecution's burden to have the witnesses at court and to provide a timely trial, and this burden may not be shifted to the defendant. Therefore, the cause was dismissed in accordance with Ohio R.C. 2945.73(B) for failure to bring defendant to trial within the time required by Ohio R.C. 2945.71(A).

Lawsuits and disputes

GANSON v. VAUGHN, 135 Ohio App.3d 689 (1999)

Jan 01, 1998

OUTCOME: Judgment for client.

Judgment of trial court reversed in part.

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