Case Name |
Case No. |
Topics and Issues |
Author |
Decided |
WebCite |
State 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 |
Tucker 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 |
Swihart 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 |
Fifth 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 |
Wells 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 |
State 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 |
Citibank 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 |
Liebling 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 |
Franklinton 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 |
Craig 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 |
State 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 |
State ex rel. Frazier v. Schneider |
14AP-52 |
Writ of mandamus dismissed. |
Brown |
7/24/2014 |
2014-Ohio-3252 |
State 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 |
State ex rel. Thomas v. Scott |
13AP-887 |
Writ of habeas corpus denied. |
Brown |
7/24/2014 |
2014-Ohio-3250 |
State 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 |
Hurst 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 |
State ex rel. Frazier v. Schneidner |
14AP-99 |
Writ of mandamus dismissed. |
Brown |
7/22/2014 |
2014-Ohio-3209 |
State 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 |
Fields 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 |
State 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 |
Bradley 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 |
State 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 |
Iqbal 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 |
State 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 |
Hodge 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 |
State 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 |
State 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 |
State 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 |
State 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 |
Ryan 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 |
State 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 |
Ewell 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 |
Dunkle 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 |
State 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 |
State 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 |
Savoy 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 |
Nour 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 |
Foster 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 |
Glasstetter 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 |
Hastings 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 |
State 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 |
State v. Hughes |
13AP-1006 |
Trial court did not err denying untimely petition for postconviction relief. |
Klatt |
6/30/2014 |
2014-Ohio-2914 |
Wee 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 |
State v. Thomas |
13AP-985 |
Trial court did not err in revoking appellant's community control. |
Brown |
6/30/2014 |
2014-Ohio-2912 |
State 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 |
State 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 |
Foster 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 |
Piepho 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 |
Pankey 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 |
Luper 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 |
State 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 |
Southwestern 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 |
Welty v. Casper |
13AP-618; 13AP-714 |
The trial court's judgment was not an abuse of discretion. |
Brown |
6/30/2014 |
2014-Ohio-2903 |
Nix 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 |
Jones 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 |
State 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 |
Scott 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 |
Perri v. Sutphen Corp. |
14AP-91 |
Evidence did not demonstrate plaintiff was fired for pursuing workers' compensation benefits. |
Tyack |
6/26/2014 |
2014-Ohio-2795 |
Dlesk 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 |
Foreman 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 |
Lupo 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 |
State 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 |
Murray 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 |
State 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 |
State 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 |
State 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 |
Elkins 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 |
State 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 |
State 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 |
Perkins 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 |
State 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 |
Citizens 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 |
Lund v. Portsmouth Local Air Agency |
14AP-60 |
Order of the Environmental Rev. Appeals Comm. affirmed. |
Brown |
6/24/2014 |
2014-Ohio-2741 |
State 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 |
State 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 |
Ross 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 |
State 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 |
Yohannes 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 |
Hicks 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 |
In 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 |
State 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 |
State 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 |
State 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 |
State 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 |
Ander 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 |
Wright 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 |
State 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 |
State 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 |
Lawton 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 |
State 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 |
Dalton 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 |
Martin 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 |
State 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 |
State 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 |
State 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 |
Cotten 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 |
State 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 |
Doe 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 |
State 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 |
State 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 |