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Judge Mary J. Boyle of the Eighth District Court of Appeals served as a visiting judge on the Supreme Court of Ohio today and heard oral arguments in one case.
Judge Boyle was selected by Chief Justice Thomas J. Moyer to sit in place of Justice Robert R. Cupp, who recused himself from Beneficial Ohio v. Ellis, (Case No. 2007-1455).
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice of the Supreme Court can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
“We are pleased to have Judge Boyle fill in for Justice Cupp today and provide a full complement of seven justices,” Chief Justice Moyer said.
The Ellis case – out of Trumbull County – involves whether a property owner must be served with a lawsuit, when his or her property is subject to litigation, before a third party’s rights to the property are cut off. In this case, a mother conveyed some property to her son and later sued him to get it back. Before the lawsuit was filed, the son took out mortgages on the properties. After the lawsuit was filed, he took out mortgages on some of the properties with a different bank. The mother subsequently died. The second bank filed a foreclosure action on the properties. Beneficial’s attorneys argue that the decision by the 11th District Court of Appeals in this case should be reversed because their claims still stand given that the property owner wasn’t served with the lawsuit.
Judge Boyle began her term on the Eighth District Court of Appeals in February 2007. The court serves Cuyahoga County and hears cases from county, municipal and common pleas courts as well as original actions in habeas corpus, mandamus, prohibition, procedendo and quo warranto.
“I am honored to be chosen to serve on the highest court in this state,” Judge Boyle said. “I am thankful to Chief Justice Moyer for this opportunity.”
Judge Boyle served 10 years on the Cuyahoga County Common Pleas Court, General Division, and received the Golden Gavel Award in 2006. She is a founding member of Cuyahoga County’s mental health court and a former member of its advisory board. Judge Boyle is a member of the Supreme Court’s and the Ohio Judicial College Alternative Dispute Resolution Committee and has been trained as a mediator of governmental conflicts. She was also part of the advisory committee for the Supreme Court’s Foreclosure Program.
Judge Boyle was born in Cleveland and is a graduate of Ithaca College and the Cleveland-Marshall College of Law.
Archived video of this case and every case argued before the Supreme Court of Ohio since March 2004 is available at: www.supremecourtofohio.gov/videostream.
For a high resolution, publication-quality photo of Judge Boyle, please click on the above photo or visit:http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2008/boyle_highres.zip.
Contact: Chris Davey or Bret Crow at 614.387.9250.