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GILLOTA v. GILLOTA

No. 82-386.

4 Ohio St. 3d 222 (1983)

GILLOTA, EXRX., APPELLEE AND CROSS-APPELLANT, v. GILLOTA, APPELLANT AND CROSS-APPELLEE, ET AL.

Supreme Court of Ohio.

Decided May 11, 1983.

Attorney(s) appearing for the Case

Mr. William J. Coyne and Mr. Christ Boukis, for appellee and cross-appellant.

Schulman & Schulman Co., L.P.A., and Mr. Jack Schulman, for appellant and cross-appellee.

REILLY, J.

Appellant advances two propositions of law:

1. "Where a case on appeal must be remanded due to an intervening and controlling decision of the Ohio Supreme Court which reallocates the burden of proof applicable to the case, it is error and a denial of due process for the Court of Appeals to remand the case without ordering a new trial in which the burden of proof will be allocated correctly."

2. "Testimony concerning statements allegedly...

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