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Case Name Case No. Topics and Issues Author Decided WebCite
Click here to openState v. Hitchcock 2014-L-046 APPELLATE REVIEW - post-conviction appeal is civil; Civ.R. 58(B); App.R. 4(A); thirty-day rule; untimely appeal. Grendell 7/28/2014 2014-Ohio-3281
Click here to openBarreca v. Travco Behavioral Health, Inc. 2013-T-0116 EMPLOYMENT RELATIONS - Disability discrimination claim; elements; "disability" defined; R.C. 4112.01(A)(13); physical impairment; substantial limitation of major life activity; multiple sclerosis; summary judgment exercise. Wright 7/28/2014 2014-Ohio-3280
Click here to openBeal Bank S.S.B. v. Elzy 2013-T-0095 CIVIL - standing; jurisdictional; holder of an instrument. Cannon 7/28/2014 2014-Ohio-3279
Click here to openSassya v. Morgan 2013-T-0084 DOMESTIC RELATIONS - GENERAL - summary judgment; dissolutions and separation agreements; R.C. 3105.63(A)(1); contract; distribution of property; no jurisdiction to modify agreement's terms; dissolution decree vacated; matter converted to a contested divorce action; division of marital property; R.C. 3105.171(F); custody; child support. O'Toole 7/28/2014 2014-Ohio-3278
Click here to openDavison v. Parker 2013-L-098 CIVIL - compensatory damages; market value; motion for summary judgment; animals; personal property; R.C. 955.03. Cannon 7/28/2014 2014-Ohio-3277
Click here to openState v. Cebula 2013-L-085 CRIMINAL LAW - intervention in lieu of conviction; hearing; required hearing upon consideration of ILC; waiver; guilty plea does not waive ILC claims; App.R. 16(A)(7). Wright 7/28/2014 2014-Ohio-3276
Click here to openIn re M.S. 2014-L-036 JUVENILE - permanent custody; termination of parental rights; R.C. 2151.413; clear and convincing evidence; R.C. 2151.414; sufficiency and weight of the evidence; ethical duties of family therapists; Ohio Adm.Code 4757-6-01(F); interaction and interrelationship between parent and child; R.C. 2151.414(D); best interests of the child Grendell 7/21/2014 2014-Ohio-3184
Click here to openMadison Route 20, L.L.C. v. Lake Cty. Bd. of Revision 2013-L-019 TAX - valuation of real property; wetlands; real property is not worthless; issues of law de novo; board of tax appeals has discretion in determining credibility and weight of evidence; when record shows auditor's valuation is inaccurate, board of tax appeals should order more evidence. Cannon 7/21/2014 2014-Ohio-3183
Click here to openCapital One Bank v. Beaver 2014-P-0025 APPELLATE REVIEW - Motion to reconsider from final order is nullity; lack of a final appealable order; App.R. 4(A); thirty-day rule; untimely appeal. Grendell 7/14/2014 2014-Ohio-3077
Click here to openArndt v. P&M Ltd. 2013-P-0027 CIVIL - breach of statutory duty; fraudulent concealment; juror voir dire; interrogatories; Civ.R. 49(B); partial summary judgment; directed verdict; Civ.R. 50(A)(4); manufactured park home operator; R.C. 4781.38(A)(2) and (3); rebuttal evidence; judgment notwithstanding the verdict; Civ.R. 50(B); motion for new trial; Civ.R. 59(A)(6); sufficient evidence; manifest weight of the evidence; recurring flooding; standard of care; reasonable diligence; Adm.Code 3701-27-07(A); motion for separate trial; Civ.R. 42(B); motion for mistrial; Civ.R. 59(A)(2); juror misconduct; frivolous conduct; R.C. 2323.51(A) and (B) Grendell 7/14/2014 2014-Ohio-3076
Click here to openZoldan v. Lordstown 2014-T-0002 APPELLATE REVIEW - Civ.R. 54(B); claims still pending; no just reason for delay language in appealed entry. Rice 7/7/2014 2014-Ohio-3007
Click here to openState v. Aziz-Hakim 2014-P-0011 APPELLATE REVIEW - denial of motion to dismiss is not a final appealable until after a sentence has been rendered. O'Toole 7/7/2014 2014-Ohio-3006
Click here to openState ex rel. Baker Living Trust v. Lordstown 2013-T-0068 APPELLATE REVIEW - issue of damages remains pending in the trial court; no final appealable order; lack of jurisdiction. Wright 7/7/2014 2014-Ohio-3005
Click here to openState v. Rachel 2013-T-0123 CRIMINAL - doctrine of merger; R.C. 2941.25; allied offenses; res judicata; ineffective assistance of counsel; evidence de hors the record. Cannon 6/30/2014 2014-Ohio-2891
Click here to openHinton v. Masek 2013-T-0110 CIVIL - summary judgment; legal malpractice; representation; age discrimination claim; removed to federal court; settlement negotiations; authority to settle; withdraw; no expert opinion; no obvious breach of duty; no genuine issue of material fact; entitled to judgment as a matter of law. Rice 6/30/2014 2014-Ohio-2890
Click here to openState v. Plevyak 2013-T-0051 CRIMINAL LAW - EVIDENCE - gross sexual imposition; Evid.R. 404(B) requires the state to provide notice if it intends to introduce evidence of other acts at trial; evidence of other acts may be introduced if the other acts were inextricably related to the crime charged; State v. Williams, 134 Ohio St.3d 521, 2012-Ohio-5695 applied; manifest weight of the evidence. O'Toole 6/30/2014 2014-Ohio-2889
Click here to openHarris v. MC Sign Co. 2013-L-115 CIVIL - motion for sanctions; Civ.R. 37(D); Civ.R. 41 notice of voluntary dismissal; collateral issues not related to merits of the action; failure to appear at scheduled deposition; abuse of discretion; thwart the judicial process. Cannon 6/30/2014 2014-Ohio-2888
Click here to openLatina v. Ciora 2013-L-112 CIVIL - transcript of trial court proceedings; failure to provide transcript; objections to magistrate's decision. Cannon 6/30/2014 2014-Ohio-2887
Click here to openCitiMortgage, inc. v. Hijjawi 2013-L-105 CIVIL - summary judgment; foreclosure action; affiant's personal knowledge; standing; jurisdictional requirement; holder of an instrument. Cannon 6/30/2014 2014-Ohio-2886
Click here to openMotorists Mut. Ins. Co. v. Cianfaglione 2013-L-078; 2013-L-079 CIVIL - declaratory judgment; general liability insurance; presumption of coverage; "conduct of your business"; who is an insured; weight of the evidence Grendell 6/30/2014 2014-Ohio-2885
Click here to openState v. Cornelison 2013-L-064 CRIMINAL LAW - felony sentence; R.C. 2929.12 factors; consecutive sentences; R.C. 2929.14(C)(4) findings; court costs; R.C. 2947.23(A)(1)(a); error; judgment modified and affirmed as modified; ineffective assistance of counsel; no prejudice; restitution; no abuse of discretion. Rice 6/30/2014 2014-Ohio-2884
Click here to openState v. McFarland 2013-L-061 CRIMINAL - delayed appeal; sexual battery; R.C. 2907.03; joint sentencing recommendation; R.C. 2953.08; purposes of felony sentencing; mandatory sentencing provisions; R.C. 2929.11; R.C. 2929.12. Cannon 6/30/2014 2014-Ohio-2883
Click here to openState v. Weimer 2013-L-005 CRIMINAL LAW - Confrontation Clause; hearsay; Evid.R. 801; conspiracy; co-conspirator's statements; aggravated burglary; aggravated murder; complicity; new trial warranted; sufficiency; engaging in a pattern of corrupt activity; insufficient evidence under RICO conviction. O'Toole 6/30/2014 2014-Ohio-2882
Click here to openDouglass v. Priddy 2013-G-3172 CIVIL - attorney disqualification; prior representation; appealable order; Prof.Cond.R. 1.0; Prof.Cond.R. 1.9; substantially related. Cannon 6/30/2014 2014-Ohio-2881
Click here to openState v. Harrison 2013-G-3168 CRIMINAL - R.C. 2929.12; review of felony sentence; R.C. 2929.11; R.C. 2929.14; consecutive sentences. Cannon 6/30/2014 2014-Ohio-2880
Click here to openSpring v. Wick 2013-G-3163 CIV.R. 53 - Civ.R. 11 does not require that unsigned pleading be stricken unless they are sham or false; moot; Civ.R. 53(D)(5); alleged violations of the Code of Judicial Conduct do not create substantive rights in litigants; the purpose of requiring magistrates to file findings of fact and conclusions of law under Civ.R. 53(D)(3)(a)(ii) is to allow parties to draft appropriate objections and the trial court to evaluate those objections. O'Toole 6/30/2014 2014-Ohio-2879
Click here to openState v. Brown 2013-A-0065 CRIMINAL LAW - conspiracy to commit aggravated murder; manifest weight of the evidence; sentencing; R.C. 2929.11; R.C. 2929.12. INEFFECTIVE ASSISTANCE OF COUNSEL. O'Toole 6/30/2014 2014-Ohio-2878
Click here to openState v. Beckwith 2013-A-0050 ASSAULT - felonious assault; appellant punches victim in bar striking him in mouth and fracturing his jaw; assault captured on videotape; video shows appellant confronting and striking victim without any provocation on part of victim; prosecutorial misconduct; appellant fails to object; plain error; evidence of appellant's guilt overwhelming; manifest weight; jury entitled to determine credibility of conflicting versions of events. Rice 6/30/2014 2014-Ohio-2877
Click here to openBurdick v. Burdick 2013-A-0030 DOMESTIC - divorce; antenuptial agreement; separate property; R.C. 3105.171; manifest weight; de facto end date; equitable division. Cannon 6/30/2014 2014-Ohio-2876
Click here to openJack F. Neff Sand & Gravel, Inc. v. Great Lakes Crushing, Ltd. 2012-L-145 CIVIL - EVIDENCE - hearsay ruling reviewed de novo; Evid.R. 801(D)(2)(d) not limited to living agents of a party; limited admissibility of out-of-court statements. CONTRACTS - option to renew upon written notice not a "no oral modifications" clause; ambiguous language interpreted against the drafter; breach of contract; conversion; prior course of dealings. CORPORATIONS - piercing the corporate veil; corporate officer personally liable for own tortious acts. PREJUDGMENT INTEREST - R.C. 1343.03(A) limited to contracts that provide for payment of money by the breaching party; R.C. 1343.03(C); good faith effort to settle. JURY INSTRUCTIONS - punitive damages instruction; malice; abuse of discretion review. Cannon 6/30/2014 2014-Ohio-2875
Click here to openOsborne v. Malkamaki 2012-L-134 DOMESTIC RELATIONS - PROPERTY - donative intent; a spouse may convert his or her separate property into marital property by an inter vivos gift to the other spouse during the course of the marriage; when the record contains little direct evidence on donative intent the issue is analyzed under the totality of the circumstances. O'Toole 6/30/2014 2014-Ohio-2874
Click here to openState v. Baker 2013-A-0020 CRIMINAL - motion to suppress; blood test; substantial compliance; Ohio Adm. Code 3701-53-05; requirement that blood samples be refrigerated when not in transit or under examination; expert testimony; reliability of the blood sample; lack of refrigeration. Cannon 6/30/2014 2014-Ohio-2873
Click here to openState v. Court 2013-T-0122 APPELLATE REVIEW - App.R. 4(A); untimely appeal; forfeiture proceedings; final, appealable order; non-mandatory forfeiture is civil penalty; civil proceeding; R.C. 2981.04(B); motion for delayed appeal inapplicable to civil appeals. Grendell 6/23/2014 2014-Ohio-2712
Click here to openBank of New York Mellon v. Veccia 2013-T-0101 REAL PROPERTY - foreclosure; mortgagee-bank held note when complaint was filed where: (1) note was previously endorsed in blank and, according to affidavit of bank's representative, as of the date complaint was filed, bank held note; and (2) the mortgage assignment, executed before complaint was filed, also assigned note to bank; bank proves it held "original" note when bank's representative states in affidavit that bank held the note without qualifying it as a copy; there was no break in chain of title of note where nominee of lender's successor assigned note to bank; bank was not required to show lender's successor had previously assigned note to successor's nominee for nominee to assign note to bank. Rice 6/23/2014 2014-Ohio-2711
Click here to openState v. Alexander 2013-T-0100 CRIMINAL LAW - motion to vacate void judgment; sentence. RES JUDICATA. O'Toole 6/23/2014 2014-Ohio-2710
Click here to openNickles v. Spisak 2013-P-0094 PROBATE - summary judgment; undue influence; party contesting a will or trust has burden of proving undue influence; Evid.R 804(B)(5) can only be used to rebut testimony of a party adverse to a decedent's representative; power of attorney; when a fiduciary relationship exists between the creator of a joint and survivorship account and a surviving beneficiary a presumption of undue influence arises; no contest clauses are valid. O'Toole 6/23/2014 2014-Ohio-2709
Click here to openState v. Coleman 2013-P-0072 CRIMINAL LAW - sufficiency of evidence; manifest weight of evidence; robbery; prosecutorial misconduct. Cannon 6/23/2014 2014-Ohio-2708
Click here to openState v. Raia 2013-P-0020 CRIMINAL LAW - R.C. 2907.09(A)(1); exposing private parts; indecent exposure; trial judge signature; admission of prior conviction; admission to prior conviction; prove prior conviction via admission; harmless error; confrontation clause; right to confront witnesses; cross-examination; limitations on cross examination; prior inconsistent statement; impeach; impeachment; waiver: Crim.R. 12(H); Crim.R. 12(C); bias; harmless beyond a reasonable doubt. Wright 6/23/2014 2014-Ohio-2707
Click here to openJPMorgan Chase Bank, Natl. Assn. v. Rhodes 2013-L-117 CIVIL - foreclosure; Civ.R. 60(B); no just reason for delay; prohibited indirect appeal; untimely; no meritorious defense or claim to raise. Cannon 6/23/2014 2014-Ohio-2706
Click here to openState v. Rose 2013-L-107 APPELLATE REVIEW - App.R. 5(A); delayed appeal; reason does not justify delay; no notice of appeal filed. Wright 6/23/2014 2014-Ohio-2705
Click here to openNaylor Family Partnership v. Home S. & L. Co. of Youngstown 2013-L-096 CIVIL - arbitration agreement; request for an accounting; R.C. 2711.02; waiver; abuse of discretion. Cannon 6/23/2014 2014-Ohio-2704
Click here to openState v. Jarrells 2013-L-090 CRIMINAL LAW - OVI; eight-year sentence; H.B. 86; R.C. 2929.11; R.C. 2929.12; R.C. 2929.14(A)(3); R.C. 2941.1413. O'Toole 6/23/2014 2014-Ohio-2703
Click here to openDiBlasi v. First Seventh-Day Adventist Community Church 2013-G-3169 NEGLIGENCE - negligent construction of footbridge causes it to be removed from its foundation and to block culvert causing rainwater to back up and to flood appellants' properties; on summary judgment trial court cannot reject one expert opinion for another because it believes the theory of one expert over that of another expert; for purposes of summary judgment motion, expert opinions are to be accepted as true; conflicting expert reports regarding appellees' liability raise genuine issue of material fact, precluding summary judgment. Rice 6/23/2014 2014-Ohio-2702
Click here to openIn re Estate of Folk 2013-G-3266 PROBATE - executor; removal; no opportunity to be heard; under oath; R.C. 2109.24; notice provision; R.C. 2113.18(A); no notice required; unsettled claims; subject of controversy between executor and estate or other interested party. Rice 6/23/2014 2014-Ohio-2701
Click here to openDardy v. Thompson 2013-G-3157 CIVIL - summary judgment; residential property lease; fire; inconclusive cause; res ipsa loquitur; negligence per se; spoliation; R.C. 5321.04; proximate cause; lack of causal connection. Cannon 6/23/2014 2014-Ohio-2700
Click here to openState v. Stone 2013-G-3154 CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - attempted rape; R.C. 2923.02(A); R.C. 2907.02(A)(1)(b); gross sexual imposition; R.C. 2907.02(A)(4); R.C. 2953.08(G)(2); consecutive sentences; R.C. 2929.14(C)(4). O'Toole 6/23/2014 2014-Ohio-2699
Click here to openState v. Wolf 2013-G-3152 CRIMINAL LAW - R.C. 4511.31; sufficiency of the evidence; manifest weight of the evidence; crossing the center line; interference with the safe operation of traffic being overtaken. Cannon 6/23/2014 2014-Ohio-2698
Click here to openState v. Kuscsik 2013-A-0058 DRUG OFFENSES - illegal manufacture of methamphetamine; illegal assembly or possession of chemicals for manufacture of meth; sufficient evidence to support appellant's conviction as principal or aider or abettor was presented where officer detected strong odor of meth in appellant's house, especially near his bedroom; appellant's longtime friend, with whom appellant admitted he has used drugs and who appellant admitted brought two meth labs with him that night, was found by police in appellant's bedroom manufacturing meth; appellant's friend told police he came to appellants house that night to buy drugs; materials used in production and use of meth were found in appellant's bedroom; and meth was found on several of those items. Rice 6/23/2014 2014-Ohio-2697
Click here to openNappi v. Nappi 2013-A-0041 DOMESTIC - qualified domestic relations order; frozen coverture method; traditional coverture method. Per Curiam 6/23/2014 2014-Ohio-2696
Click here to openState v. Spears 2013-A-0027 CRIMINAL - Anders; receiving stolen property; Crim.R. 11; guilty plea; substantial compliance; ineffective assistance of counsel; R.C. 2929.11. Cannon 6/23/2014 2014-Ohio-2695
Click here to openState v. Bowers 2014-T-0025 APPELLATE REVIEW - App.R. 5(A); delayed appeal; no notice of appeal filed. Cannon 6/16/2014 2014-Ohio-2568
Click here to openState v. Elder 2013-L-128 CRIMINAL - motion for a new trial; Crim.R. 5(B)(7); preliminary hearing; uniform traffic citation; indictment; Traf.R. 2(A); lack of prejudice; Crim.R. 11(A); entry of not guilty plea; structural error; failure to assert a sufficiently specific assignment of error Grendell 6/16/2014 2014-Ohio-2567
Click here to openState v. Thompson 2013-A-0033 CRIMINAL LAW - SEARCH & SEIZURE - where appellant crossed fog line three times and followed a vehicle too closely in violation of Revised Code, trooper had probable cause to stop him; where multiple Evans factors are present and trooper had experience in dealing with drunk drivers, he had sufficient grounds to ask appellant to submit to field sobriety tests; where appellant generally argued in his motion to suppress that state failed to administer field sobriety tests in substantial compliance with applicable standards without specifying which standards were violated, trooper's general testimony that his test procedures complied with standard procedures overcame motion to suppress; where trooper followed procedures adopted by NHTSA in administering field sobriety tests, although he did not expressly testify to such, he administered them in substantial compliance with those standards. Rice 6/16/2014 2014-Ohio-2566
Click here to openHylbert v. WEB Bldg. & Dev., Inc. 2013-P-0095 CIVIL - summary judgment; implied-in-fact contract; promissory estoppel; de novo review; Civ.R. 56; representative capacity. Cannon 6/9/2014 2014-Ohio-2456
Click here to openState v. Householder 2013-P-0092 CRIMINAL - felony sentencing; consecutive sentences; R.C. 2929(C)(4); statutory findings; Crim.R. 32(A)(4) Grendell 6/9/2014 2014-Ohio-2455
Click here to openCireddu v. Clough 2013-L-092 DOMESTIC RELATIONS - visitation; abuse of discretion; discovery; production of documents; child support modification; verification of income; variable income; Civ.R 53(D)(4)(d); additional evidence; child support deviation; equal parenting time; tax exemption designation; modification of visitation; best interest of the child; R.C. 3109.051 Grendell 6/9/2014 2014-Ohio-2454
Click here to openState v. Goldberg 2013-A-0063 CRIMINAL LAW - Sufficiency of the evidence; territorial jurisdiction; municipal court; R.C. 1901.02(A); R.C. 1901.01(A); location where crime was committed; manifest weight of the evidence; circumstantial evidence; criminal damaging; use of car key to scratch paint on another vehicle. WRIGHT 6/9/2014 2014-Ohio-2453
Click here to openTuli v. Tuli 2013-T-0092 DOMESTIC RELATIONS - Civ.R. 60(B) motion; abuse of discretion; meritorious defense; grounds for relief; newly discovered evidence; Civ. R. 60(B)(5); reservation of right to file 60(B) motion. Grendell 6/2/2014 2014-Ohio-2330
Click here to openState v. Porterfield 2014-T-0005 VEXATIOUS LITIGATOR - R.C. 2323.52(G); denial of request for leave at trial level to file new motion; non-appealable judgment. Wright 5/27/2014 2014-Ohio-2225
Click here to openState v. Lewis 2013-L-111 CRIMINAL LAW - Alleyne; Apprendi; post-conviction; retroactive; retroactivity; timeliness. Wright 5/27/2014 2014-Ohio-2224
Click here to openKing v. King 2013-G-3155 DOMESTIC RELATIONS - Enforcement of separation agreement; appointment of receiver to sell marital residence; failure of wife to refinance loan so that husband is no longer liable; execution of quitclaim deed has no effect upon liability; issue previously litigated; res judicata; improper use of Civ.R. 60(B). Wright 5/27/2014 2014-Ohio-2223
Click here to openState v. Smith 2013-A-0061 CRIMINAL LAW - right to court-appointed counsel; right to jury trial; discovery; speeding; R.C. 4511.21(D)(2); reckless operation of a motor vehicle; R.C. 4511.20; prior conviction; Crim.R. 44; no court-appointed counsel results in inability to impose prison term; petty offense; minor misdemeanor; prosecutorial discretion in charging; Crim.R. 12(H); waiver of pre-trial criminal issues. Cannon 5/19/2014 2014-Ohio-2115
Click here to openState v. Johnson 2013-T-0121 APPELLATE REVIEW - App.R. 5(A); delayed appeal; reason does not justify delay; Loc.R. 3(D)(3). Cannon 5/12/2014 2014-Ohio-2015
Click here to openState v. Wilson 2013-L-075 CRIMINAL - Grand Theft; involuntary plea; error in transcript; App.R. 9(E) correction of the record Grendell 5/12/2014 2014-Ohio-2014
Click here to openKolleda v. Kolleda 2013-L-069 parental rights; change of custody; R.C. 3109.04(E)(1)(a)(iii); change in circumstances; best interests; contempt Grendell 5/12/2014 2014-Ohio-2013
Click here to openState v. Demeo 2013-A-0067 CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - grand theft; R.C. 2929.11; R.C. 2929.12; consecutive sentences are reviewed under R.C. 2953.08(G)(2); R.C. 2929.14(C)(4); maximum sentence. O'Toole 5/12/2014 2014-Ohio-2012
Click here to openMentor v. Meyers 2012-L-141 CRIMINAL - pro se defendant; minor misdemeanor; disorderly conduct; right to court-appointed trial counsel; right to jury trial; Crim.R. 16; motion to compel discovery; right to confrontation; right to present favorable witnesses; Sixth Amendment; First Amendment; protected speech; fighting words; right to court-appointed appellate counsel; loss of liberty; contempt; right to trial transcripts; App.R. 9; debtor's prison. Cannon 5/12/2014 2014-Ohio-2011
Click here to openState v. Lane 2013-G-3144 STATUTES - CONSTITUTION - Ohio's mandatory juvenile bindover statutes, R.C. 2152.10 and R.C. 2152.12, do no not violate due process, equal protection, or prohibition against cruel and unusual punishment. CRIMINAL LAW - SENTENCING/FINES, RESTITUTION, EXPUNGEMENT - juvenile homicide offender's discretionary life without parole sentence is not cruel and unusual punishment where trial court considered offender's youth as a mitigating factor; Miller v. Alabama; State v. Long; ineffective assistance of counsel; consecutive sentences are not contrary to law when trial court makes required findings under R.C. 2929.14(C).. Rice 5/12/2014 2014-Ohio-2010
Click here to openState v. Johnson 2014-G-3200 APPELLATE REVIEW- Final appealable order; criminal proceeding; lack of sentencing order; finding of guilt insufficient. Wright 5/5/2014 2014-Ohio-1875
Click here to openState v. Warner 2013-P-0056 CRIMINAL LAW - SEARCH & SEIZURE - where police officer lawfully stops defendant in vehicle and defendant then parks and flees on foot defendant voluntarily abandons vehicle and cannot challenge search of its contents; where trial court did not address abandonment there is no need to remand for court to rule on this issue where evidence could only result in finding that defendant voluntarily abandoned vehicle. Rice 5/5/2014 2014-Ohio-1874
Click here to openKilroy v. Sheridan 2013-P-0052 APPELLATE REVIEW - R.C. 2505.02(B); final appealable order; declaratory judgment action; failure to analyze disputed language in written easement and delineate rights and responsibilities of the parties; mere granting of summary judgment insufficient to issue final order. Wright 5/5/2014 2014-Ohio-1873
Click here to openStewart v. Tabitha ("E") 2013-P-0009 CIVIL PROCEDURE - Civ.R. 60(B); motion for relief from judgment; motion for relief of judgment cannot substitute a direct appeal; App.R. 4; untimely, one year window Civ.R. 60(B)(3). Wright 5/5/2014 2014-Ohio-1872
Click here to openSwartz v. Formica Plumbing & Sewer Co. 2013-L-134 APPELLATE REVIEW - lack of a final appealable order; Civ.R. 54(B); multiple claims or parties; counterclaims; no just reason for delay Grendell 5/5/2014 2014-Ohio-1871
Click here to openState v. Moore 2013-L-052 POST CONVICTION RELIEF - R.C. 2953.23(A)(1); successive petitions for postconviction relief; Lafler v. Cooper, __U.S. __, 132 S.Ct. 1376 (2012) and Missouri v. Frye, __U.S. __, 132 S.Ct. 1399 (2012) did not recognize any new constitutional right; R.C. 2929.14(B)(1)(g); if a defendant is found guilty of two counts of aggravated robbery, each including a firearm specification pursuant to R.C. 2941.145. the trial court cannot merge the firearm specifications for sentencing purposes. O'Toole 5/5/2014 2014-Ohio-1870
Click here to openRhoades v. Rhoades 2013-A-0051 DOMESTIC RELATIONS - GENERAL - R.C. 3105.171(C)(1); an equal division of marital property is not required if an equal division is inequitable; a trial court's division of marital property is reviewed for abuse of discretion; R.C. 3105.171(A)(2)(a); the date for determining the value of marital property is generally the date of final hearing; spousal support; R.C. 3105.18(B); R.C. 3105.18(C)(1). O'Toole 5/5/2014 2014-Ohio-1869
Click here to openGarcia v. Gillette 2013-A-0015 REAL PROPERTY - a trial court's determination of damages is reviewed for abuse of discretion; R.C. 713.13; trial courts are not required to grant injunctive relief to cure nuisances under R.C. 713.13 when such relief would be excessively burdensome; the grant or denial of attorney fees in a case for trespass is within the discretion of the trier of facts; when property values can be ascertained with certainty approximations of value are disfavored. O'Toole 5/5/2014 2014-Ohio-1868
Click here to openState v. Johnson 2014-G-3187 APPELLATE REVIEW-CRIMINAL - denial of motion to suppress and for change of venue are not final appealable orders until sentence is rendered. Wright 4/28/2014 2014-Ohio-1781
Click here to openAquasea Group, L.L.C. v. Singletary 2013-T-0120 APPELLATE REVIEW - lack of a final appealable order; R.C. 2505.02(B)(4); preliminary injunction; permanent injunction; status quo; calculable monetary losses Grendell 4/28/2014 2014-Ohio-1780
Click here to openMeadows v. Trumbull Cty. Health Dept. 2013-T-0105 APPELLATE REVIEW - lack of a final appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delay. Grendell 4/28/2014 2014-Ohio-1779
Click here to openState v. Williams 2013-T-0070 CRIMINAL LAW - Criminal conviction for felonious assault; manifest weight of the evidence; witness credibility; existence of conflicting testimony as to non-element issue; factfinder can believe all, part, or none of a witness's testimony. Wright 4/28/2014 2014-Ohio-1778
Click here to openAvakian v. Avakian 2013-P-0081 APPELLATE REVIEW - Contempt of court has two elements; finding of contempt and imposition of penalty or sanction; no final order until both are met. Rice 4/28/2014 2014-Ohio-1777
Click here to openNovy v. Ferrera 2013-P-0063 CIVIL - Trespass; Nuisance; Intentional Interference with the Flow of Water; summary judgment; negligence, reasonable-use rule; duplicative claims; manifest weight of the evidence; nominal damages required in trespass case; punitive damages; permanent injunction; abuse of discretion; irreparable injury; public interest; admission of evidence; Evid.R. 703; failure to disclose witness Grendell 4/28/2014 2014-Ohio-1776
Click here to openState v. Lynch 2013-A-0039 CRIMINAL LAW - illegal manufacture of methamphetamine; illegal assembly or possession of chemicals for the manufacture of drugs; speedy trial; motion to dismiss; ineffective assistance of counsel; manifest weight, sufficient weight; statutory right to speedy trial; triple county provision; pending on one charge. Wright 4/28/2014 2014-Ohio-1775
Click here to openState v. Jarvi 2013-A-0037 CRIMINAL LAW - Sentencing; R.C. 2929.12; factors relating to seriousness of offense and recidivism; no duty for trial court to discuss factors on record; presumption of consideration; appellate standard for review of felony sentence; adherence to applicable law; abuse of discretion; seriousness of offense entitled to greater weight under circumstances. Wright 4/28/2014 2014-Ohio-1774
Click here to openState v. Finch 2013-P-0046 SENTENCING - photographing a nude minor, R.C. 2907.323; mental illness; Kalish; felony sentencing; second degree felony; consideration of R.C. 2929.12; presume consideration of R.C. 2929.12 factors from silent record. Wright 4/21/2014 2014-Ohio-1680
Click here to openState v. Reyes 2013-P-0049 CRIMINAL PROCEDURE - Guilty plea; motion to withdraw plea; Crim.R. 32.1; post-judgment standard; manifest injustice; need for evidentiary hearing; joint sentencing recommendation; not binding upon trial court; no breach of promise by state. Wright 4/21/2014 2014-Ohio-1679
Click here to openMundy v. Mundy 2013-P-0102 APPELLATE REVIEW - lack of a final, appealable order; multiple claims or parties; Civ.R. 54(B); no just reason for delay. Cannon 4/21/2014 2014-Ohio-1678
Click here to openIn re D.A. 2013-T-0059 JUVENILE - Finding of delinquency based upon sex offense; two-step process for deciding if juvenile should be classified as a juvenile sex offender; juvenile offender registrant; discretionary determination under certain circumstances; R.C. 2152.83(B)(1); failure of trial court to exercise discretion and consider statutory factors; meaningful opportunity to address factors during hearing; timing of decision to classify juvenile as a sex offender; discretion of trial court under R.C. 2152.83(B). Wright 4/21/2014 2014-Ohio-1677
Click here to openState v. Floyd 2013-T-0097 APPELLATE REVIEW - App.R. 5(A); delayed appeal; reason does not justify delay. Grendell 4/21/2014 2014-Ohio-1676
Click here to openState v. Sanders 2013-P-0087 CRIMINAL PROCEDURE - Crim.R. 32(C); requirements for valid final sentencing judgment; statement of "fact" of conviction; statement of acceptance of guilty plea not mandatory; de novo sentencing hearing not required when case is remanded for proper notification of post-release control. Wright 4/14/2014 2014-Ohio-1573
Click here to openCareer & Technical Assn. v. Auburn Vocational School Dist. Bd. of Edn. 2013-L-010 CONTRACTS - interpretation of contract requires ambiguity; collective bargaining agreement; provision requiring extra payment for teacher where no planning period is provided; where provision is ambiguous question of fact exists as to parties' intent; where contract term is ambiguous court must consider parol evidence; title of contract provision is generally considered in determining meaning of provision; technical Rice 4/14/2014 2014-Ohio-1572
Click here to openWolkoff v. Bloom Bros. Supply, Inc. 2013-G-3160 CIVIL - notice of appeal; App.R. 4(A); appellate jurisdiction; App.R. 3(A); magistrate decisions; objections; transcript; Civ.R. 53(D)(3)(b)(iii) Grendell 4/14/2014 2014-Ohio-1567
Click here to openState v. Gray 2014-T-0008 APPELLATE REVIEW - App.R. 4(A); thirty-day rule; untimely appeal. Cannon 4/7/2014 2014-Ohio-1476
Click here to openBank of Am. v. Kohler 2014-P-0004 APPELLATE REVIEW - App.R. 4(A); thirty-day rule; untimely appeal. O'Toole 4/7/2014 2014-Ohio-1475
Click here to openIn re Adoption of J.A.B. 2013-T-0114 PROBATE - petition for placement for adoption; termination of parental rights; incarcerated father's right to consent; R.C. 5103.16(D)(3); R.C. 3107.07(A); justifiable cause; support. O'Toole 3/31/2014 2014-Ohio-1375
Click here to openState ex rel. Huntington Natl. Bank v. Kontos 2013-T-0089 EXTRAORDINARY WRITS - procedendo; prohibition; an adequate legal remedy does exist; motion to dismiss granted. O'Toole 3/31/2014 2014-Ohio-1374
Click here to openFiduciary Trust Co. v. Bigley 2013-T-0077 CIVIL - Civ.R. 60(B); timeliness; reasonable; abuse of discretion; failure to hold a hearing. Cannon 3/31/2014 2014-Ohio-1373
Click here to openKing Painting & Wallpapering, Inc. v. Aswin Ganapathy Hospitality Assocs., L.L.C. 2013-T-0076 OTHER CIVIL RULES - discovery; trial court's decisions regarding discovery can only be overturned on a showing of an abuse of discretion; Civ.R. 36; any matter admitted under this rule is conclusively established; if discovery requests include requests for admission, caption must indicate they include requests for admission; waiver; lack of prejudice from failure of caption to indicate discovery requests include requests for admission; when request for admission contains several assertions of fact, general denial to the request for admission amounts to an admission; Civ.R. 56; a request for admission deemed admitted is competent evidence to support motion for summary judgment. Rice 3/31/2014 2014-Ohio-1372
Click here to openState v. Weaver 2013-T-0066 CRIMINAL LAW – CONSTITUTIONAL – constitutional arguments may be reviewed for the first time on appeal; repeat violent offender specification; special finding by the jury that defendant inflicted, attempted to inflict, or threatened to inflict serious physical harm; R.C. 2929.14(B)(2)(a)(ii) is not void for vagueness. Cannon 3/31/2014 2014-Ohio-1371
Click here to openRossi v. Rossi 2013-T-0058 DOMESTIC RELATIONS - division of assets; disability benefits; new trial; interpretation of judgment entry. Wright 3/31/2014 2014-Ohio-1370

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