On Monday, July 7, 2025, Sherlyn Jacobs, The Estate of Marvin Jacobs, and Andre Allen filed a petition in the Supreme Court of Ohio seeking writs of mandamus and prohibition against Judge Ashley Kilbane of the Cuyahoga County Court of Common Pleas and the Eighth District Court of Appeals. The petitioners also requested an emergency stay of the appellate brief deadline.
The petition alleges that Judge Kilbane improperly granted summary judgment on March 3, 2025, in favor of Calhoun Funeral Home, LLC, relying on an allegedly forged cremation authorization form that lacked proper signatures, authentication, and compliance with Ohio laws governing cremation consent. The petitioners claim the trial court failed to enforce a November 15, 2024, deadline for the defendant to submit an expert witness report, which was never provided, and granted summary judgment without a required hearing under Ohio Civil Rule 56(C).
Additionally, the petitioners assert that both the trial court and the Eighth District Court of Appeals wrongfully denied their Appellate Rule 9(C) statement, submitted on May 23, 2025, to document a June 25, 2024, discovery hearing that was not fully transcribed. The statement, supported by an affidavit from Andre Allen, aimed to address off-the-record judicial statements and material exchanges. The trial court rejected the statement on June 12, 2025, without a hearing, and the appeals court upheld the denial on July 1, 2025, leaving the appellate record incomplete.
The petitioners seek an emergency stay of the July 7, 2025, appellate brief deadline, enforcement of Appellate Rule 9(C) to correct the record, and relief under Ohio Civil Rule 60(B) to vacate the summary judgment due to alleged fraud. They also request writs to prevent further judicial actions based on the disputed record, citing violations of due process and Ohio constitutional provisions.
The case stems from allegations that Calhoun Funeral Home forged signatures, violated cremation laws, and mishandled remains, prompting the original civil action in Cuyahoga County.
A copy of the original filing can be found here.
