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  • Roberts v. Erie Ins. Group, (Ohio 2014)

    On remand from the Ohio Supreme Court, Roberts v. Erie Ins. Group, 136 Ohio St.3d 1469, 2013-Ohio-3790, 993 N.E.2d 774, reversing and remanding our judgment in Roberts v. Erie Ins. Group, 2d Dist. Greene No. 2012 CA 46, 2013-Ohio-718, we consider evidentiary arguments that were not addressed in our prior Opinion. Plaintiff’s argument that she was prejudiced by the trial court‘s improper admission of an exhibit which summarized unauthenticated medical expenses is without merit. Even assuming that the documents were hearsay, were unauthenticated, and that the reasonableness of the expenses was not established by expert testimony, the exhibits did not suggest that plaintiff had not incurred any medical expenses. Judgment affirmed.

  • State v. Slaughter, (Ohio 2014)

    The trial court did not err in failing to include its consecutive-sentence findings in the sentencing entry, as Ohio law does not require such findings to be stated in the entry. In addition, the fact that Appellant’s felony murder conviction is based on the predicate offense of felonious assault does not render the conviction unconstitutional under Ohio law. As a further matter, it was not an abuse of discretion for the trial court to permit the State to cross-examine the Appellant’s girlfriend as a witness of the court, because she did not want to testify against the Appellant, her testimony was beneficial to ascertaining the truth of the matter, and there was an indication that her testimony would contradict her prior statements to police. Defense counsel was also not ineffective ...

  • State v. Yao, (Ohio 2014)

    The “judgment entry” from which the appellant has appealed does not in fact enter a judgment. It contains no disposition of the minor misdemeanor charge at issue. Absent a guilty plea or a finding of guilt, no final judgment exists. We note further that there is no authority to order restitution for this minor misdemeanor. Appeal dismissed.

  • Sugarcreek Twp. v. Centerville, (Ohio 2014)

    Contrary to appellant-cross appellee Sugarcreek Township’s argument, we see no justiciable controversy in this declaratory judgment action regarding whether appellee-cross appellant City of Centerville may enact a tax-increment financing plan or “TIF” exempting more than 75 percent of the value of improvements to annexed land for a period exceeding ten years. The Ohio Supreme Court had no occasion to resolve that issue in Sugarcreek Twp. v. Centerville, 133 Ohio St.3d 467, 2012-Ohio-4649, 979 N.E.2d 261 (“Sugarcreek III”), and the trial court did not decide it on remand below. The trial court erred, however, insofar as it relied on this court’s opinion in Sugarcreek Twp. v. Centerville, 184 Ohio App.3d 480, 2009-Ohio-4794, 921 N.E.2d 655 (“Sugarcreek I”) to declare that Centerville can...

  • Artz v. Elizabeth Twp., (Ohio 2014)

    The trial court properly dismissed count one of Appellants’ complaint for declaratory judgment since Appellants’ animal crematorium is not an agricultural use exempt from the Zoning Authority of Elizabeth Township. Judgment affirmed.

  • State v. Clark, (Ohio 2014)

    Sufficient evidence was adduced at trial to sustain appellant’s conviction for one count of sexual imposition. Trial court did not err when it sustained the State’s objections and limited the cross-examination of the police detective. Defense counsel was properly prevented from asking the detective his opinion of the definition of sexual contact. Appellant did not receive ineffective assistance of counsel when his counsel failed to file a motion to suppress. A substantial amount of testimony from other witnesses existed which corroborated the victim’s testimony, and absent appellant’s statements to the police, we cannot say that there is a reasonable probability that he would have been acquitted. Judgment affirmed.

  • Parallel Homes, L.L.C. v. Stephens, (Ohio 2014)

    PROCEDURE/RULES: In an action for eviction and money damages filed by a landlord, the trial court erred in granting judgment to the tenant on the tenant’s pro se counterclaim for property damage where the tenant failed to include a certificate of service on the landlord’s attorney of record as required by Civ.R. 5.

  • State v. Coleman, (Ohio 2014)

    The appellant’s aggravated robbery and vandalism convictions are based on legally sufficient evidence and are not against the manifest weight of the evidence. The trial court did not err in finding that the appellant had failed to overcome the statutory presumption of competence to stand trial. The record does not portray ineffective assistance of trial counsel. Judgment affirmed.

  • Said v. Admr., Bur. of Workers' Comp., (Ohio 2014)

    JURISDICTION/VENUE – PROCEDURE/RULES: The trial court did not have jurisdiction to enforce a settlement agreement where the court had unconditionally dismissed the action and the entry of dismissal did not contain the terms of the settlement agreement or specifically retain jurisdiction to enforce the settlement agreement. (Lamp v. Goettle, Inc., 1st Dist. Hamilton No. C-040461, 2005-Ohio-1877, followed.) The trial court erred in granting the plaintiff’s Civ.R. 60(B) motion for relief from the judgment entry of dismissal because his argument that there was “no meeting of the minds” on the settlement agreement did not fall within any of the grounds for relief in Civ.R. 60(B)(1) through (4), and he did not show the exceptional circumstances necessary to afford relief from judgment unde...

  • State v. Grissom, (Ohio 2014)

    Appellant’s convictions for felonious assault, discharging a weapon on or near a prohibited premises, and having a weapon while under disability were supported by the record and are not against the manifest weight of the evidence. As a result, the record also contains sufficient evidence to support each of Appellant’s convictions, and the trial court did not err in overruling Appellant’s motion for acquittal. In addition, the trial court did not abuse its discretion in providing the jury with a flight instruction, as there was sufficient evidence indicating that Appellant fled the scene after committing a felonious assault. Finally, the trial court did not err in failing to merge Appellant’s convictions for felonious assault and having a weapon while under disability, because the off...

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