Public Documents LUCAS COUNTY COURT OF COMMON PLEAS
J. BERNIE QUILTER, CLERK
700 ADAMS STREET
TOLEDO, OHIO
TIME:   2:07:05 AM
DATE:   4/19/2024
CASE: G -4801 -CL -0201501186-000  
TITLE: CAPITAL CARE VS THE OHIO DEPT  
JUDGE: SIXTH DISTRICT APPEALS COURT   STATUS:   CLOSED/TERM'D
FILING DATE: 7/10/2015 CASE TYPE:   CAL   COURT OF APPEALS  

MONETARY AMOUNT:   DOCKET/PAGE:    
ORIGINAL COURT:   TAX TYPE:    
PREVIOUS CASE NUMBER:   STATE OF OHIO NUMBER:    

Party   Counsel
APPELLANT 1:
STATE OF OHIO DEPARTMENT OF HEALTH
246 NORTH HIGH STREET
COLUMBUS, OH  43215
LYNDSAY ATKINS NASH
6153876149
OHIO ATTORNEY GENERAL
30 E BROAD STREET 26TH FLOOR
COLUMBUS, OH  43215
APPELLEE 1:
CAPITAL CARE NETWORK OF TOLEDO
1160 WEST SYLVANIA AVE
TOLEDO, OH  43612
JENNIFER L BRANCH
5136219100
432 VINE STREET #3400
CINCINNATI, OH  45202
APPELLEE 1:
TERRY J. LODGE
4192557552
316 N. MICHIGAN
STE 520
TOLEDO, OH  43604

DATE SEQ EVENT
6/19/20151Title : MIS:ATTORNEY LIST
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
ATTY FOR APPELLANT
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
ATTY FOR APPELLEE
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
ATTY FOR APPELLEE
ERIC E MURPHY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
ATTY FOR APPELLANT
STEPHEN P CARNEY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
ATTY FOR APPELLANT
PETER T REED
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
ATTY FOR APPELLANT
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
6/19/20152Title : EVT:DATE ORDER APPEALED
COMMON PLEAS CIVIL DIVISION CI14-3405 JUDGE DUHART
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/10/20152Title : OPN:NOTICE OF APPEAL - APPEALS
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/10/20153Title : PLD:PRAECIPE FILED
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/10/20154Title : PLD:DOCKETING STATEMENT
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/10/20155Title : EVT:RECORD DUE
JULY 23 2015 TRANSCRIPT ALREADY PREPARED
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/23/20151Title : EVT:RECORD FILED
Consisting of the original pleading and exhibits thereto
filed in the trial court and a certified copy of the docket
and journal entries.
ONE TRANSCRIPT OF PROCEEDINGS FILED AS PART OF THE TRIAL
COURT RECORD, ORIGINAL ONLY.
HEARING OF 3/26/14
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/23/20152Title : EVT:LETTER RE FILING (APPEAL)
With App. R. 11 (B) sent to all parties this date by
regular mail.
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/23/20155Title : SRV:COPIES MAILED
11(B) NOTICE MAILED TO:
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
LYNDSAY A NASH
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/6/20151Title : RTN:ORDINARY MAIL-NO SERVICE
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSES
UNABLE TO FORWARD
JENNIFER L BRANCH
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/6/20152Title : SRV:COPIES MAILED
11(B) RE-MAILED TO:
JENNIFER L BRANCH
432 WALNUT ST STE 400
CINCINNATI OH 45202
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/12/20151Title : PLD:ENTRY OF APPEARANCE
ERIC E MURPHY, STEPHEN P CARNEY, PETER T REED FOR APPELLANT
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/12/20152Title : PLD:BRIEF
OF APPELLANT, ORIGINAL AND 4
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/18/20151Title : MTN: FOR EXTENSION FILED
TO FILE BRIEF
PARTY : AE1 - CAPITAL CARE NETWORK OF TOLEDO
8/19/20151Title : EVT:CL ORD FILED & JOURNALIZED
APPELLEE TO FILE BRIEF ON OR BEFORE SEP 10 2015.
E-JOURNALIZED 8/19/15 YARBROUGH
PARTY : AE1 - CAPITAL CARE NETWORK OF TOLEDO
8/19/20153Title : SRV:COPIES MAILED
ORDER OF 8/19/15 MAILED TO:
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
LYNDSAY A NASH
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
ERIC E MURPHY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
STEPHEN P CARNEY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PETER T REED
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
9/10/20151Title : PLD:BRIEF
OF APPELLEE, ORIGINAL AND 4
PARTY : AE1 - CAPITAL CARE NETWORK OF TOLEDO
9/21/20151Title : PLD:REPLY BRIEF
OF APPELLANT, ORIGINAL AND 4
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
10/6/20151Title : EVT:RECORD TRANSMITTED
TO THE COURT OF APPEALS
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
11/2/20151Title : CAL:ORAL ARGUMENT SET
MON NOV 30 2015 9:00 A.M.
ONE CONSTITUTION AVE TOLEDO OH
PIETRYKOWSKI SINGER JENSEN
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/2/20161Title : EVT:CL DECISION & JE FILE JOUR
E-JOURNALIZED 3/2/06
PERTAINING TO: COURT REPORTER TRACI PEOPLES IS ORDERED TO
FILE WITH THE CLERK OF COURT FOR THE SIXTH DISTRICT COURT
OF APPEALS PAGES 78 THROUGH 81 AND PAGES 150 THROUGH 154
OF THE MAR 26 2014 TRANSCRIPT OF PROCEEDINGS FROM THE
HEARING EXAMINER, WITHIN 14 DAYS OF THE DATE OF THIS ORDER.
SINGER, PJ.
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/2/20163Title : SRV:COPIES MAILED
DECISION OF 3/2/16 MAILED TO:
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
LYNDSAY A NASH
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
ERIC E MURPHY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
STEPHEN P CARNEY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PETER T REED
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/2/20165Title : SRV:COPIES MAILED
DECISION OF 3/2/16 SENT TO COURT REPORTER BY REGULAR MAIL:
TRACI PEOPLES
ANDERSON REPORTING SERVICE
3242 WEST HENDERSON ROAD
COLUMBUS, OH 43220
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/15/20161Title : PLD:PLEADING FILED
NOTICE OF WITHDRAW OF CO-COUNSEL FOR APPELLANT STATE OF
OHIO DEPARMENT OF HEALTH
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/15/20162Title : MTN:MOTION FILED
TO SUPPLEMENT THE RECORD
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
4/8/20161Title : EVT:CL DECISION & JE FILE JOUR
E-JOURNALIZED 4/8/16
PERTAINING TO: THE COURT FINDS THE MOTION TO SUPPLEMENT
THE RECPRD WITH THE MISSING PORTIONS OF THE TRANSCRIPT
WELL TAKEN AND IT IS GRANTED.
PIETRYKOWSKI, J, SINGER, J, JENSEN, PJ.
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
4/8/20163Title : SRV:COPIES MAILED
DECISION OF 4/8/16 MAILED TO
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
ERIC E MURPHY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
STEPHEN P CARNEY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PETER T REED
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/29/20161Title : EVT:CL DECISION & JE FILE JOUR
E JOURNALIZED 7/29/16
JUDGMENT OF THE LUCAS COUNTY COURT OF COMMON PLEAS IS
AFFIRMED AT APPELLANTS COSTS.
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/29/20162Title : EVT:CL MANDATE ISSUED EFF5/13
CP CIVIL DIVISION
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
7/29/20164Title : SRV:COPIES MAILED
DECISION OF 7-29-16 MAILED TO
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
ERIC E MURPHY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
STEPHEN P CARNEY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PETER T REED
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
ALPHONSE A GERHARDSTEIN
432 WALNUT ST #400
CINCINNATI OH 45202
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/19/20161Title : EVT:JACKET RETURNED
FROM COURT OF APPEALS
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
8/19/20162Title : EVT:RECEIPT FOR RECORD
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
9/12/20161Title : EVT:COST BILL MAILED
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
9/16/20161Title : EVT:NOTIC APPEAL TO SUPREME CT
FILED IN THE SUPREME COURT OF OHIO SEPT. 12, 2016,
SUPREME COURT #2016-1348
PARTY : AE1 - CAPITAL CARE NETWORK OF TOLEDO
3/20/20171Title : ORD:FROM THE SUPREME COURT
UPON CONSIDERATION OF THE JURISDICTIONAL MEMORANDA FILED IN
THIS CASE, THE COURT ACCEPTS THE APPEAL. THE CLERK SHALL
ISSUE AN ORDER FOR THE TRANSMITTAL OF THE RECORD FROM THE
COURT OF APPEALS FOR LUCAS COUNTY, AND THE PARTIES SHALL
BRIEF THIS CASE IN ACCORDANCE WITH THE RULES OF PRACTICE
OF THE SUPREME COURT OF OHIO.
MAUREEN O'CONNOR, CHEIF JUSTICE
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/20/20172Title : ORD:FROM THE SUPREME COURT
ORDER TO CERTIFY RECORD.
MAUREEN O'CONNOR, CHIEF JUSTICE
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/22/20171Title : SRV:COPIES MAILED
COPY OF COURT OF APPEALS INDEX AND TRIAL COURT INDEX
MAILED TO:
MICHAEL DEWINE
ATTORNEY GENRAL OF OHIO
30 E BROAD ST 26TH FLOOR
COLUMBUS OH 43215
JENNIFER L BRANCH
432 WALNUT ST #400
CINCINNATI OH 45202
TERRY LODGE
316 N MICHIGAN STE 520
TOLEDO OH 43604
ERIC E MURPHY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
STEPHEN P CARNEY
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PETER T REED
30 E BROAD ST 17TH FLOOR
COLUMBUS OH 43215
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
3/22/20173Title : MIS:CLERKS OFFICE NOTES
RECORD SENT TO SUPREME COURT OF OHIO
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
4/4/20171Title : RTN:ORDINARY MAIL-NO SERVICE
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD
JENNIFER L BRANCH
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
4/30/20181Title : ORD:FROM THE SUPREME COURT
IT IS ORDERED BY THE COURT THAT THE MOTION FOR
RECONSIDERATION IN THIS CASE IS DENIED.
MAUREEN O;CONNOR, CHIEF JUSTICE
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
4/30/20182Title : ORD:FROM THE SUPREME COURT
THIS CAUSE, HEAR ON APPEAL FROM THE COURT OF APPEALS FOR
LUCAS COUNTY WAS CONSIDERED IN THE MANNER PRESCRIBED BY
LAW. ON CONSIDERATION THEREOF, THE JUDGMENT OF THE COURT
OF COURT OF APPEAL IS REVERSED AND THE ORDER OF THE OHIO
DEPARTMENT OF HEALTH REVOKING AND REFUSING TO ALLOW THE
LICENSE OF CAPITAL CARE NETWORK OF TOLEDO IS REINSTATED.
IT IS FURTHER ORDERED THAT A MANDATE BE SENT TO AND FILED
WITH THE CLERKS OF COURT OF APPEALS FOR LUCAS COUNTY AND
THE COURT OF COMMON PLEAS FOR LUCAS COUNTY.
(COPY TO BAILFF, CLERK)
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
5/15/20181Title : EVT:RECEIPT FOR RECORD
RETURNED FROM THE SUPREME COURT
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH
5/17/20181Title : EVT:RECEIPT FOR RECORD
PARTY : AT1 - STATE OF OHIO DEPARTMENT OF HEALTH

Disclaimer : The public record information available here reflects the docket entries and journals required by Ohio law to be kept by the Lucas County Clerk of the Court of Common Pleas. This information reflects the actual documents filed and kept at the Clerk of Courts Legal Division, located in the Lucas County Courthouse, at Adams and Erie Streets in Toledo, Ohio, 43624. The data entry, though generally deemed reliable, cannot be guaranteed. The information may appear on the Internet Docket before the entry is actually signed and journalized. Of course the proposed action is official only when signed and journalized. In no event shall the Lucas County Clerk of the Court of Common Pleas, or any other Lucas County department, agency, or official be held liable for damage of any nature, direct or indirect, arising from the use of this Internet product; including loss of profits, loss of savings, or other incidental or consequential damages.