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Case Name Case No. Topics and Issues Author Decided WebCite
Click here to openState ex rel. Johnson v. Franklin Cty. Mun. Court 14AP-219 The magistrate properly determined the pertinent facts and applied the appropriate law. Therefore, the court overrules relator’s objections to the magistrate’s decision and adopts the same. Accordingly the court grant’s the motion for summary judgment of respondent and denies the writ of mandamus. Per Curiam 7/29/2014 2014-Ohio-3308
Click here to openTucker v. Leadership Academy for Math & Science of Columbus 14AP-100 Trial court did not err in granting summary judgment in favor of appellee in appellant's action for declaratory and injunctive relief. Brown 7/29/2014 2014-Ohio-3307
Click here to openSwihart v. Ohio Adult Parole Auth. 13AP-993 Defendant was not denied meaningful consideration for parole where Ohio Adult Parole Authority, following consideration of the mandatory factors set forth in Ohio Adm.Code 5120:1-1-07(B), and in the exercise of reasonable discretion, concluded that the serious nature of defendant’s offense outweighed post-incarceration behavior and accomplishments. Defendant was not entitled to furlough release or honor status O'Grady 7/29/2014 2014-Ohio-3305
Click here to openFifth Third Mtge. Co. v. Salahuddin 13AP-945 Because no genuine issues of material fact existed, summary judgment in favor of the plaintiff on its complaint for foreclosure was proper. Judgment affirmed. Sadler 7/29/2014 2014-Ohio-3304
Click here to openWells Fargo Bank, N.A. v. Byers 13AP-767 Trial court did not abuse its discretion in granting summary judgment in favor of plaintiff. Brown 7/29/2014 2014-Ohio-3303
Click here to openState ex rel. Ferrolux Metals Co. of Ohio L.L.C. v. Indus. Comm. 13AP-463 The court overrules objections to the magistrate’s decision that he erred in interpreting State ex rel. Timmerman Truss, Inc. v. Indus. Comm., 102 Ohio St.3d 244, 2004-Ohio-2589, as applied to this case and that the order of the Industrial Commission is consistent with State ex rel Speelman v. Indus. Comm., 73 Ohio App.3d 757 (10th Dist.1992). Therefore, the court adopts the magistrate’s decision and denies the request for a writ of mandamus. Dorrian 7/29/2014 2014-Ohio-3302
Click here to openCitibank N.A. v. Fornal 11AP-300 Appellant failed to raise the argument outlined in the appellate brief before the trial court and therefore has waived the same. Furthermore, the argument does not support the error assigned in the appellate brief. Accordingly, the court declines to address the merits, overrules the assignment of error, and affirms the judgment of the trial court. Dorrian 7/29/2014 2014-Ohio-3301
Click here to openLiebling v. Columbus State Community College 14AP-172 Court of Claims of Ohio erred in dismissing lawsuit as moot when immunity issues remained to be addressed. Tyack 7/24/2014 2014-Ohio-3256
Click here to openFranklinton Senior, L.L.C. v. Timson 14AP-171 Assignments of error challenging the trial court’s order of forcible entry and detainer were moot because appellant vacated the premises and immediate possession is no longer an issue. Dorrian 7/24/2014 2014-Ohio-3255
Click here to openCraig v. Reynolds 14AP-125 We affirm the trial court’s judgment dismissing appellant’s action against appellee because appellee was not served with process in compliance with the Ohio Rules of Civil Procedure. O'Grady 7/24/2014 2014-Ohio-3254
Click here to openState v. Balams 14AP-54 Juvenile court did not err in binding defendant over to General Division of the common pleas court. Tyack 7/24/2014 2014-Ohio-3253
Click here to openState ex rel. Frazier v. Schneider 14AP-52 Writ of mandamus dismissed. Brown 7/24/2014 2014-Ohio-3252
Click here to openState of Ohio Dept. of Dev. v. Matrix Centennial, L.L.C. 14AP-47 Ohio Dept. of Development could legally claw back funds provided for building project which was not completed. Tyack 7/24/2014 2014-Ohio-3251
Click here to openState ex rel. Thomas v. Scott 13AP-887 Writ of habeas corpus denied. Brown 7/24/2014 2014-Ohio-3250
Click here to openState v. Vinson 13AP-825 The trial court’s verdict was neither against the manifest weight of the evidence nor based on insufficient evidence. A victim’s testimony, when believed and determined to be credible, is sufficient evidence for a jury to find a defendant guilty, even where there is a lack of physical evidence. Judgment affirmed. Schuster 7/24/2014 2014-Ohio-3249
Click here to openHurst v. Atty. Gen. 14AP-118, 14AP-152 The Court of Claims of Ohio did not err in dismissing claims seeking damages for the imposition of erroneous sex offender classifications. Klatt 7/22/2014 2014-Ohio-3210
Click here to openState ex rel. Frazier v. Schneidner 14AP-99 Writ of mandamus dismissed. Brown 7/22/2014 2014-Ohio-3209
Click here to openState v. Jordan 14AP-1 Judgment affirmed. Both sufficient evidence and the manifest weight of the evidence supported defendant's robbery convictions. Even if defendant was absent when the court and counsel discussed the proper answers to the jury's questions, defendant's Crim.R. 43(A) right to be present was not violated, as the legal discussion of how to answer the jury's questions, and the jury's receipt of the written answers to those questions, were not critical stages of the trial. Connor 7/22/2014 2014-Ohio-3208
Click here to openFields v. Ohio Dept. of Rehab. & Corr. 13AP-1079 Competent, credible evidence supported the trial court's finding that defendant's negligent act did not proximtely cause the complained of injury, and thus, the court did not err in refusing to award damages for that injury. Also, the trial court did not err in admitting expert evidence regarding possible causes of plaintiff's injury. Klatt 7/22/2014 2014-Ohio-3207
Click here to openState v. Ndiaye 13AP-964 Appellant’s convictions for aggravated robbery and robbery, both with firearm specification, were not against the manifest weight of the evidence, and the trial court did not err in overruling objections regarding prosecutorial misconduct. The trial court plainly erred, however, in failing to merge appellant’s convictions for sentencing. Schuster 7/22/2014 2014-Ohio-3206
Click here to openBradley v. Ohio Dept. of Transp. 13AP-918 Because appellant did not meet her reciprocal burden under Civ.R. 56 by timely responding to opposing party's motion for summary judgment, the trial court's granting of summary judgment was proper. Dorrian 7/22/2014 2014-Ohio-3205
Click here to openState v. Isbell 13AP-694 Where police detect the odor of marijuana and observe a baggie of pills in plain view during the execution of a search warrant for appellant's person, and that information supplies probable cause for a subsequent search warrant, evidence of drugs, drug paraphernalia and a firearm uncovered in the subsequent search will not be excluded as fruit of the poison tree. Connor 7/22/2014 2014-Ohio-3204
Click here to openIqbal v. Wells Fargo Bank, N.A. 14AP-31 Judgment affirmed. Trial court did not abuse its discretion in denying plaintiff's motion for default judgment, as plaintiff had failed to perfect service on the defendant when plaintiff filed the motion for default judgment. The trial court properly granted defendant's motion for summary judgment, as plaintiff was not entitled to the insurance proceeds under the mortgage, and the letter plaintiff relied on to support his claim to the insurance proceeds was not a contract. Connor 7/17/2014 2014-Ohio-3156
Click here to openState v. Ferguson 13AP-891 The defendant's conviction for trafficking in cocaine in an amount equal to or exceeding 27 grams but less than 100 grams was supported by sufficient evidence and was not against the manifest weight of the evidence. However, the restitution order requiring payment to the law enforcement agency for reimbursement of the money used in an undercover drug buy was improper. Judgment affirmed in part and reversed in part. Sadler 7/17/2014 2014-Ohio-3153
Click here to openHodge v. Prater 13AP-838 The trial court did not err in granting summary judgment in favor of appellee where the only reasonable conclusion one can draw from the evidence is that appellant breached the contract by failing to pay appellee for his representation of appellant in obtaining an insurance settlement. Trial court did not err in denying appellant's motion to continue the hearing on plaintiff's motion for summary judgment where the evidence appellant sought in discovery was not relevant to a material issue in the case. Connor 7/17/2014 2014-Ohio-3152
Click here to openState v. Carroll 13AP-968 The evidence was sufficient to support a conviction for aggravated arson as a felony of the first degree. Tyack 7/15/2014 2014-Ohio-3107
Click here to openState ex rel. Sagallah v. Born 13AP-787 Relator’s complaint does not properly invoke our original jurisdiction in mandamus as the real objects sought are a declaratory judgment and a prohibitory injunction, and thus we dismiss for lack of jurisdiction. Schuster 7/15/2014 2014-Ohio-3106
Click here to openState v. Fielding 13AP-654,13AP-655 Trial court properly suppressed evidence stemming from law enforecement's obtainment of internet subscriber information through the investigative subpoena process. Convictions for pandering sexually oriented matter involving a minor supported by sufficient evidence and manifest weight of the evidence. Brown 7/15/2014 2014-Ohio-3105
Click here to openState v. Chavis-Tucker 14AP-40 Trial court did not err by denying motion for new trial based on juror misconduct because defendant did not establish that he was unavoidably prevented from discovering the grounds for his motion. Klatt 7/10/2014 2014-Ohio-3050
Click here to openRyan v. Ryan 14AP-28 The trial court did not abuse its discretion in affirming the magistrate’s contempt order. Appellant had not proven by a preponderance of the evidence that he was unable to pay the sailboat debt obligation he voluntarily assumed in the parties’ divorce decree. Further, the court’s sentence did not violate the constitutional prohibition against incarceration for failure to pay a debt. Judgment affirmed. Schuster 7/10/2014 2014-Ohio-3049
Click here to openState ex rel. O'Brien & Assocs., Co. L.P.A. v. Tyack 13AP-1099 Respondents' motion for summary judgment granted, and relators' request for writ of mandamus denied. Brown 7/10/2014 2014-Ohio-3048
Click here to openEwell v. Montgomery Cty. Court of Common Pleas 13AP-1078 The trial court did not abuse its discretion in affirming the order of the SPBR dismissing appellant’s administrative appeal from his denial of reinstatement to employment following his involuntary disability separation. Schuster 7/10/2014 2014-Ohio-3047
Click here to openDunkle v. Ohio Dept. of Rehab. & Corr. 13AP-923 Plaintiff's claim for breach of plea agreement against state barred by statute of limitations. Klatt 7/10/2014 2014-Ohio-3046
Click here to openState v. Loel 13AP-874 Trial court did not err by denying motions to dismiss based on alleged violation of speedy trial rights; days between dismissal of complaint and filing of indictment did not count in speedy trial analysis because no charges were pending against him during those days. Klatt 7/10/2014 2014-Ohio-3045
Click here to openState ex rel Brown v. Indus. Comm. 13AP-763 Objections overruled, writ denied. Commission's statement that it was granting the employer's previously denied request for reconsideration amounted to harmless error, as it was apparent that the commission was invoking its continuing jurisdiction over relator's PTD application and the commission clearly identified two mistakes of law in the SHO's order. The SHO committed clear mistakes of law by citing to two vocational reports after the SHO found relator PTD based solely on the allowed physical conditions, and by using a psychologist's report the SHO did not rely on to support the start date for the PTD compensation. Connor 7/10/2014 2014-Ohio-3044
Click here to openSavoy v. Univ. of Akron 13AP-696 Trial court did not err by granting summary judgment on plaintiff's claims for false arrest, defamation, breach of contract, malicious prosecution and abuse of process. Klatt 7/10/2014 2014-Ohio-3043
Click here to openNour v. Shawar 13AP-1070, 13AP-1076 Although Nour is expressly entitled to indemnification from Shawar "for claims, expenses, liabilities, and causes of action" arising from any breach by Shawar, Nour does not have a right of indemnification for "reasonable counsel fees" because such a right is expressly granted only to Shawar. Connor 7/8/2014 2014-Ohio-3016
Click here to openFoster v. Idegy, Inc. 13AP-948 Because both plaintiff and defendant received a judgment in their favor, each were a prevailing party for purposes of Civ.R. 54(D). The trial court did not abuse its discretion in allocating one-half of the court costs to the plaintiff. Judgment affirmed. Sadler 7/8/2014 2014-Ohio-3015
Click here to openGlasstetter v. Rehab. Servs. Comm. 13AP-932 The common pleas court did not err in finding the order of the State Personnel Board of Review which found the board lacked jurisdiction over appellant’s administrative appeal was supported by reliable, probative and substantial evidence and in accordance with law. Appellant was not an employee in the classified service even though she was mistakenly designated as such for several years. O'Grady 7/8/2014 2014-Ohio-3014
Click here to openHastings Mut. Ins. Co. v. Village Communities Real Estate, Inc. 14AP-35 The trial court did not err in granting appellee’s motion for summary judgment as all of the claims occurred and were known prior to the policy dates and therefore excluded from coverage. Luper Schuster 6/30/2014 2014-Ohio-2916
Click here to openState v. Bass 13AP-1052 Trial court did not abuse its discretion in refusing to grant a motion for new trial many years after jury verdict. Tyack 6/30/2014 2014-Ohio-2915
Click here to openState v. Hughes 13AP-1006 Trial court did not err denying untimely petition for postconviction relief. Klatt 6/30/2014 2014-Ohio-2914
Click here to openWee Care Child Ctr., Inc. v. Ohio Dept. of Job & Family Servs. 13AP-1004 The Court of Claims properly denied appellants’ motion to compel discovery and request for a hearing on the immunity of state employees. The court also properly granted appellees summary judgment and determined on summary judgment that state employees had civil immunity. The central theme of appellants’ case – that appellees and their employees wrongfully conspired to put them out of business – was unsupported by the evidence. Therefore, we affirm the trial court’s judgment. O'Grady 6/30/2014 2014-Ohio-2913
Click here to openState v. Thomas 13AP-985 Trial court did not err in revoking appellant's community control. Brown 6/30/2014 2014-Ohio-2912
Click here to openState ex rel. Crawford v. Indus. Comm. 13AP-929 We affirm the order of the commission denying relator's application for PTD compensation. O'Grady 6/30/2014 2014-Ohio-2911
Click here to openState v. Mercier 13AP-906 Under the plain and unambiguous language of R.C. 4511.19, the appellant’s sentence was not contrary to law. R.C. 4511.19(G)(1) expressly authorizes a court to sentence a violator of R.C. 4511.19(A)(1) up to five years of incarceration to the exclusion of Chapter 2929. of the Revised Code. Accordingly, the trial court was not required to sentence appellant under Chapter 2929. of the Revised Code and no conflict exists between the two statutes. Assignment of error is overruled and judgment affirmed. Luper Schuster 6/30/2014 2014-Ohio-2910
Click here to openFoster v. Sullivan 13AP-876 We affirm the trial court’s judgment finding no error in the court’s decision to grant summary judgment in favor of appellees. O'Grady 6/30/2014 2014-Ohio-2909
Click here to openPiepho v. Franklin Cty. Bd. of Revision 13AP-818 We affirm the judgment of the Board of Tax Appeals because it was not unreasonable or unlawful. O'Grady 6/30/2014 2014-Ohio-2908
Click here to openPankey v. Ohio Dept. of Rehab. & Corr. 13AP-701 Court of Claims did not err in granting appellee's motion to dismiss appellant's complaint. Brown 6/30/2014 2014-Ohio-2907
Click here to openLuper Neidenthal & Logan v. Albany Station, L.L.C. 13AP-651 In foreclosure action, trial court properly granted summary judgment in favor of competing lienholders and denying summary judgment for appellant lienholder. T. Bryant 6/30/2014 2014-Ohio-2906
Click here to openState v. Phipps 13AP-640 We reverse the trial court's judgment and remand the matter because (1) the trial court did not make the findings required by R.C. 2929.14(C)(4) before imposing consecutive sentences, and (2) the trial court did not consider applicable case law pertaining to merger of his convictions for kidnapping and aggravated robbery. However, we otherwise affirm the judgment because the trial court porperly advised appellant at the plea hearing of the maximum penalty involved as required by Crim.R. 11, and trial counsel provided effective assistance of counsel. Klatt 6/30/2014 2014-Ohio-2905
Click here to openSouthwestern Obstetrics & Gynecology, Inc. v. Mehta, M.D. 13AP-624 Physician practice sought reimbursement of alleged over-compensation paid to physician during 3 year employment term. The trial court found each party was entitled to damages on breach of contract claim. On appeal we affirmed in part and reversed in part, but unable to recalculate damages because the exhibits were incomplete. O'Grady 6/30/2014 2014-Ohio-2904
Click here to openWelty v. Casper 13AP-618; 13AP-714 The trial court's judgment was not an abuse of discretion. Brown 6/30/2014 2014-Ohio-2903
Click here to openNix v. Ohio Dept. of Rehab. & Corr. 13AP-547 Trial court's determinations that two corrections officers were not entitled to immunity, and that appellant failed to prove that appellee's other employees were aware of conduct of those corrections officers, was not against the manifest weight of the evidence. Brown 6/30/2014 2014-Ohio-2902
Click here to openJones v. Roberts 14AP-151 Trial court did not err when it dismissed appellant's complaint based upon his failure to prosecute. Brown 6/26/2014 2014-Ohio-2798
Click here to openState v. Muhammad 14AP-143 We affirm the trial court’s judgment because appellant did not demonstrate plain error occurred regarding how his motion was filed, or otherwise establish the trial court erred. O'Grady 6/26/2014 2014-Ohio-2797
Click here to openScott v. Ohio Dept. of Rehab. & Corr. 14AP-98, 14AP-105, 14AP-106, 14AP-107, 14AP-108, 14AP-109, 14AP-110, 14AP-111, 14AP-112, 14AP-113 Because the trial court was acting pursuant to a remand when it modified its judgment entry, the trial court properly exercised jurisdiction despite a pending application for reconsideration in the appellate court. Judgment affirmed. Sadler 6/26/2014 2014-Ohio-2796
Click here to openPerri v. Sutphen Corp. 14AP-91 Evidence did not demonstrate plaintiff was fired for pursuing workers' compensation benefits. Tyack 6/26/2014 2014-Ohio-2795
Click here to openDlesk v. Ohio Dept. of Rehab. & Corr. 14AP-16 Sup.R. 45 does not apply to a request to restrict public access to case records in an action commenced prior to the effective date of Sup.R. 45. Klatt 6/26/2014 2014-Ohio-2794
Click here to openForeman v. Dept. of Rehab. & Corr. 14AP-15 Judgment affirmed. The Court of Claims of Ohio properly granted ODRC's motion to dismiss, as the Court of Claims did not possess jurisdiction to address Foreman's constitutional claims or to review a common pleas court's determination regarding jail-time credit. Foreman also failed to state a claim for false imprisonment, as he was in prison pursuant to valid orders from the Hancock County Court of Common Pleas. Connor 6/26/2014 2014-Ohio-2793
Click here to openLupo v. Columbus 13AP-1063 Civ.R. 12(B)(6) does not apply to R.C. 2506.01 appeals. The trial court erred by dismissing appellant's R.C. 2506.01 appeal for lack of standing without granting her the requested hearing to present evidence relevant to her contention that the administrative order would cause a diminution of her property value. Klatt 6/26/2014 2014-Ohio-2792
Click here to openState ex rel. Gen. Motors Co. v. Webster 13AP-931 Self-insured employer was not entitled to a writ of mandamus to block payment of benefits to a widow whose husband died of mesothelioma. Tyack 6/26/2014 2014-Ohio-2791
Click here to openMurray v. Columbus 13AP-912 Trial court did not err when it dismissed appellant's claims of fraud and civil conspiracy against appellant's employer and labor union where the allegations in the complaint establish a violation of the union's duty of fair representation under R.C. 4117.11(B)(6), as such claims are within the exclusive jurisdiction of SERB. Connor 6/26/2014 2014-Ohio-2790
Click here to openState ex rel. Turner v. Dept. of Rehab. & Corr. 13AP-911 Respondents were entitled to Civ.R. 12(B)(6) dismissal because the existence of a plain and adequate remedy at law barred relator's request for mandamus relief. Motion to dismiss granted. Sadler 6/26/2014 2014-Ohio-2789
Click here to openState v. Fair 13AP-901 We reverse the trial court’s judgment and remand the matter for resentencing because the court did not make the findings required by R.C. 2929.14(C)(4) before imposing consecutive sentences; however, we otherwise affirm the trial court’s judgment because appellant’s convictions were supported by sufficient evidence and the manifest weight of the evidence, the prosecutor did not commit misconduct, and the court did not err in denying appellant’s motion for a mistrial. O'Grady 6/26/2014 2014-Ohio-2788
Click here to openState v. Altunar 13AP-875 Trial court complied with R.C. 2943.031 by providing immigration-related consequences to non-citizens before accepting guilty plea. Klatt 6/26/2014 2014-Ohio-2787
Click here to openElkins v. Ohio Dept. of Rehab. & Corr. 13AP-856 Trial court erred by granting summary judgment on claims for unauthorized disclosure of medical records, invasion of privacy, and intentional infliction of emotional distress. The trial court erred by relying on grounds not raised in the motion for summary judgment because appellant was denied a meaningful opportunity to respond to them. ODRC also failed to establish that reasonable minds could only come to the conclusion that it appropriately exercised its discretionary authority under the Ohio Administrative Code by releasing appellant's medical records. The Court of Claims erred by granting summary judgment on claim for invasion of privacy; the court lacked jurisdiction over this claim, but effectively exercised jurisdiction by granting summary judgment. Dorrian 6/26/2014 2014-Ohio-2786
Click here to openState v. Horton 13AP-855 Trial court did not commit plain error with respect to verdict forms by failing to provide separate verdict forms for aggravated murder and complicity to aggravated murder because a charge of complicity may be stated as a violation of the complicity statute or in terms of the principal offense and because there was sufficient evidence to allow the jury to determine that appellant either committed the principal offense or aided and abetted the principal offense. Trial court did not commit plain error with respect to jury instructions by failing to instruct the jury that it was required to reach a unanimous verdict as to whether appellant was guilty of aggravated murder as the principal offender or as an aider and abettor; the court generally instructed the jury on the need for a unanimous verdict and appellant failed to show that, but for the alleged error, the outcome of the proceedings would clearly have been different. Appellant's claim of ineffective assistance of counsel was rejected because he failed to show that he was prejudiced by his counsel's failure to object to the verdict forms or jury instructions. Dorrian 6/26/2014 2014-Ohio-2785
Click here to openState ex rel. Lawson v. Indus. Comm. 13AP-834 Writ denied. Because relator had an adequate remedy at law, as she could have appealed the order from the Bureau of Workers' Compensation ("BWC") denying her application to participate in the BWC fund, relator was not entitled to mandamus relief. Connor 6/26/2014 2014-Ohio-2784
Click here to openPerkins v. Columbus Bd. of Edn. 13AP-803 Trial court properly granted judgment and pleadings in favor of defendant school superintendent, who was immune from liability. Klatt 6/26/2014 2014-Ohio-2783
Click here to openState ex rel. Ritzie v. Reece-Campbell, Inc. 13AP-669 This original action was referred to a magistrate; this court adopted the magistrate’s decision with certain modifications and denied relator’s request for a writ of mandamus, finding no abuse of discretion in the Industrial Commission’s denial of relator’s application for temporary total disability compensation. O'Grady 6/26/2014 2014-Ohio-2782
Click here to openCitizens Banking Co. v. Parsons 11AP-480 In construing the evidence in a light most favorable to the defendants in this action for money judgment and replevin on two promissory notes, the trial court did not err in granting summary judgment in favor of the plaintiff. Judgment affirmed. Sadler 6/26/2014 2014-Ohio-2781
Click here to openLund v. Portsmouth Local Air Agency 14AP-60 Order of the Environmental Rev. Appeals Comm. affirmed. Brown 6/24/2014 2014-Ohio-2741
Click here to openState v. Patterson 14AP-50, 14AP-290 Trial court should have given a charge of aggravated assault when the defendant hit a man who he believed had solicited sex from a seven year old son of the defendant's girlfriend. The victim clearly testified the defendant was in a rage and the provocation was strong. The solicitation had occurred shortly before the injury. Tyack 6/24/2014 2014-Ohio-2740
Click here to openState v. Hackett 14AP-48 A jury could reasonably find a defendant knowingly possessed a packet of white powder in his pants pocket and knowingly possessed a controlled substance. Tyack 6/24/2014 2014-Ohio-2739
Click here to openRoss v. Columbus 14AP-38 Appellant who was injured when a bench collapsed at the Franklin County Municipal Court could not recover from the owner of the building, as opposed to the city of Columbus which leased the floor for court purposes. Tyack 6/24/2014 2014-Ohio-2738
Click here to openState v. Williams 13AP-992 The trial court did not err in dismissing Counts 1, 2, and 3 of the indictment for a violation of appellee’s constitutional right to a speedy trial, but the trial court erred in dismissing Counts 4 and 5 of the indictment as appellee’s constitutional right to a speedy trial was not violated as to those counts. Schuster 6/24/2014 2014-Ohio-2737
Click here to openYohannes Parkwood, Inc. v. Ohio Liquor Control Comm. 13AP-974 Judgment reversed and case remanded with instructions. Trial court abused its discretion in affirming an order of the liquor control commission which affirmed a tax non-renewal order from the division of liquor control, as trial court stated that a representative from the department of taxation testified that the permit holder had an outstanding tax liability, but the record revealed that a representative from the department of taxation testified that the permit holder was current on its taxes and entitled to a full renewal of its liquor permit. Because R.C. 4303.271(D)(2)(a) states that the division shall not renew a liquor permit under that section until the division receives evidence from the tax commissioner that the tax delinquency, liability, or assessment has been resolved, and the evidence from the tax commissioner before the commission was that the permit holder's tax liability or assessment had been resolved, the commission's order was not in accordance with law. Connor 6/24/2014 2014-Ohio-2736
Click here to openHicks v. Ohio Dept. of Job & Family Servs. 13AP-902 The court affirmed a judgment of the Franklin County Court of Common Pleas which upheld a denial of unemployment compensation benefits by appellee Ohio Department of Job and Family Services ("ODJFS"). The court held that competent, credible evidence in the record supported the decision of ODJFS that appellant's employer had terminated her with just cause. The court also rejected two assignments of error asserting that ODJFS had failed to follow statutory procedure in (1) allowing a continuance of a hearing and (2) in failing to provide the common pleas court with a complete file of the proceedings at the agency level. Dorrian 6/24/2014 2014-Ohio-2735
Click here to openIn re A.J. 13AP-864, 13AP-865 Award of permanent custody affirmed; temporary custody did not end because Franklin County Children Services filed motion pursuant to R.C. 2151.415(A) before sunset date of custody in accordance with R.C. 2151.353(F). Klatt 6/24/2014 2014-Ohio-2734
Click here to openState v. Joseph 13AP-752, 13AP-753 Judgment affirmed. Because defendant pled guilty to two misdemeanor violations of violating a protection order, in violation of R.C. 2919.27, R.C. 2930.14 did not apply to defendant's sentencing hearing. The trial court's decision to not allow defendant to view a statement written by the victim, prior to the court's imposition of sentence, did not deprive defendant of due process of law or his right to allocution under Crim.R. 32. Connor 6/24/2014 2014-Ohio-2733
Click here to openState v. Orms 13AP-698 Trial court erred in failing to make required findings and listing of sentencing factors in granting appellee's motion for judicial release. Brown 6/24/2014 2014-Ohio-2732
Click here to openState ex rel. Gibbs v. Thistledown, Inc. 13AP-487 The Industrial Commission of Ohio did not abuse its discretion in denying claimant's application for permanent total disability compensation. Writ of mandamus denied. Sadler 6/24/2014 2014-Ohio-2731
Click here to openState v. Jalloh 13AP-411 Judgment affirmed. As defendant-appellant failed to file the transcript from the sentencing hearing, this court presumes that the trial court orally notified defendant of the consequences of violating post-release control. As such, res judicata barred defendant's arguments. Connor 6/24/2014 2014-Ohio-2730
Click here to openAnder v. Clark 14AP-65 Trial court was premature in granting motion for dismissal through application of Civ.R. 12(B)(6). Pleadings left tentative questions about whether the statute of limitations had run because of questions about when the claim accrued. Tyack 6/19/2014 2014-Ohio-2664
Click here to openWright v. Dir., Ohio Dept. of Job & Family Servs. 13AP-1048 The trial court erred in affirming a decision of the Unemployment Compensation Review Commission finding appellant was ineligible for unemployment compensation. Appellant was able to perform sedentary job duties, and, therefore, was entitled to receive unemployment compensation upon being laid off by his employer. Accordingly, the unemployment benefits appellant received did not constitute an overpayment. Assignments of error sustained and judgment reversed. Schuster 6/19/2014 2014-Ohio-2663
Click here to openState v. Ball 13AP-1030 Trial court did not err denying motion to correct sentence; res judicata barred arguments not previously raised and defendant was properly notified of post-release control. Klatt 6/19/2014 2014-Ohio-2662
Click here to openState v. R.L.M. 13AP-981 Because, pursuant to R.C. 2953.52(A)(1), the trial court erred by granting the sealing of appellee's records without having determined whether his drug-related charges and traffic offenses arose "as a result of or in connection with the same act," we reverse the decision of the trial court. Dorrian 6/19/2014 2014-Ohio-2661
Click here to openLawton v. Howard 13AP-878 Because the trial court properly dismissed appellant's complaint pursuant to Civ.R. 12(B)(1) or, in the alternative, pursuant to Civ.R. 12(B)(6), we affirm the decision of the trial court. Dorrian 6/19/2014 2014-Ohio-2660
Click here to openState v. Agbohla 13AP-839 No error in denying the defendant's motion to suppress where parole officer had reasonable suspicion to conduct a warrantless search of a parolee. Judgment affirmed. Sadler 6/19/2014 2014-Ohio-2659
Click here to openDalton v. Ohio Dept. Rehab. & Corr. 13AP-827 Judgment affirmed. Dalton failed to establish a prima facie case of perceived disability discrimination under R.C. 4112.02, as ODRC's act of sending Dalton to an independent medical examination, following Dalton's odd conduct, did not amount to evidence that ODRC perceived Dalton as disabled. ODRC also complied with Ohio Adm.Code 123:1-30-03 in sending Dalton to the examination. No genuine issue of material fact existed regarding Dalton's claims for invasion of privacy. Connor 6/19/2014 2014-Ohio-2658
Click here to openMartin v. Giant Eagle, Inc. 13AP-809 In construing the evidence in a light most favorable to appellant in this premises liability case, the trial court properly granted summary judgment in favor of appellees. The judgment of the trial court is affirmed. Sadler 6/19/2014 2014-Ohio-2657
Click here to openState v. Burney 14AP-354, 14AP-356 Trial court did not abuse its discretion when it denied bail to appellants where the State had proven, by clear and convincing evidence, that appellants committed the offenses with which they were charged, that appellants pose a substantial risk of serious physical harm to the community, and that there are no release conditions which will reasonably assure the safety of appellants and the community. Connor 6/17/2014 2014-Ohio-2622
Click here to openState v. C.A. 13AP-982, 13AP-1001 The court reversed two judgments of the Franklin County Municipal Court sealing the records of drug-related charges filed against appellee that were ultimately dismissed. The court followed the decision of the Supreme Court of Ohio in State v. Pariag, 137 Ohio St.3d 81, 2013-Ohio-4010, which held that a trial court may not seal the record of a dismissed charge if the dismissed charge "arises as the result of or in connection with the same act" associated with a non-sealable conviction. The court remanded the case to the municipal court with instructions that it determine whether appellee's drug-related charges and her non-sealable traffic offense (operating a vehicle while under the influence of alcohol) arose "as a result of or in connection with the same act." Dorrian 6/17/2014 2014-Ohio-2621
Click here to openState v. Mossman 13AP-959 Appellant was charged with operating a vehicle while under the influence of alcohol. The court of appeals reversed a judgment entered by the Franklin County Court of Common Pleas suppressing evidence obtained subsequent to a traffic stop and remanded the case for further proceedings. The court of appeals found that the state trooper, who clocked appellant driving well in excess of the speed limit, was justified in stopping appellant. The trial court, however, used an incorrect standard in determining whether the officer legally detained appellant for the purpose of conducting field sobriety tests. The state was only required to determine whether the facts demonstrated a basis for reasonable suspicion of impaired driving—the state was not required to establish probable cause. The court of appeals found that there was a basis for reasonable suspicion of drunk driving on the facts presented at the suppression hearing. It remanded the case for the trial court to determine whether, following the field sobriety testing, probable cause existed to justify appellant's arrest. Dorrian 6/17/2014 2014-Ohio-2620
Click here to openCotten v. Ohio Dept. of Rehab. & Corr. 13AP-935 The Court of Claims lacked subject-matter jurisdiction over the asserted Section 1983 claims and therefore did not err by dismissing complaint for lack of jurisdiction. The complaint did not contain sufficient allegations to establish state law claims for intentional infliction of emotional distress or invasion of privacy. Dorrian 6/17/2014 2014-Ohio-2619
Click here to openState v. V.J. 13AP-799 The trial court did not abuse its discretion in granting the prosecution's motion to amend the indictment to delete language pertaining to specifications alleging appellant was a repeat violent offender. Additionally, the defendant's convictions were not against the manifest weight of the evidence. However, because the trial court failed to make the required findings before the imposition of consecutive sentences, the matter was remanded for resentencing. Judgment affirmed in part and reversed in part. Sadler 6/17/2014 2014-Ohio-2618
Click here to openDoe v. Vineyard Columbus 13AP-599 Vineyard Columbus filed a motion to stay and compel arbitration. The trial court found no agreement to arbitrate occurred. We affirmed. Connor 6/17/2014 2014-Ohio-2617
Click here to openState ex rel. Armstrong Steel Erectors, Inc. v. Indus. Comm. 13AP-190 The Industrial Commission of Ohio did not abuse its discretion in granting claimant's application for an additional award for violation of a specific safety requirement. Writ of mandamus denied. Sadler 6/17/2014 2014-Ohio-2616
Click here to openState ex rel. Smoot v. KBO Inc. 13AP-903 Some evidence supported the Industrial Commission’s denial of permanent total disability compensation. Tyack 6/12/2014 2014-Ohio-2543

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