Ohio Supreme Court
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- 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 tenants pro se counterclaim for property damage where the tenant failed to include a certificate of service on the landlords attorney of record as required by Civ.R. 5.
- 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 plaintiffs 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. 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.
- 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 appellants conviction for one count of sexual imposition. Trial court did not err when it sustained the States 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 victims testimony, and absent appellants statements to the police, we cannot say that there is a reasonable probability that he would have been acquitted. Judgment affirmed.
- State v. Coleman, (Ohio 2014)
The appellants 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.
- State v. Grissom, (Ohio 2014)
Appellants 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 Appellants convictions, and the trial court did not err in overruling Appellants 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 Appellants convictions for felonious assault and having a weapon while under disability, because the off...
- Ketchum v. Coleman, (Ohio 2014)
The trial court did not err when it found that appellant was voluntarily unemployed and imputed additional income to her for child support purposes pursuant to R.C. 3119.01(C)(11). Judgment affirmed.
- King v. Niswonger, (Ohio 2014)
The trial court did not abuse its discretion by admitting certain expert opinions. The opinions were an extension of those expressed in discovery deposition and constituted arithmetic calculations derived from them. Appellant could have anticipated that the experts testimony would include them and was not prejudiced by their inclusion. The trial court did not abuse its discretion by limiting cross examination of the expert. The limitation properly excluded testimony on matters beyond the experts ken. The trial court properly directed a verdict on certain causation issues. The jury interrogatory, listing eight types of losses and injuries, is permissible. Lastly, the jurys award is not contrary to the manifest weight of the evidence. Judgment affirmed.
- In re L.B., (Ohio 2014)
Trial court did not err in overruling Crim.R. 29 motion and adjudicating juvenile to have been delinquent. Act of cutting off Electronically Monitored House Arrest ankle bracelet and throwing it in the river prevented juveniles probation officer from performing her duty to monitor the juveniles compliance with the terms of the house arrest for fourteen hours. This act would have constituted the offense of Vandalism, in violation of R.C. 2909.05(B)(1)(b), had the juvenile been an adult. Affirmed.
- Snapp v. Castlebrook Builders, Inc., (Ohio 2014)
There was no prejudicial error in holding individual defendant personally liable for co-defendant corporations actions; the trial court did not abuse its discretion in awarding treble damages and attorneys fees pursuant to R.C. 1345.09; and the jury verdicts were not inconsistent or against...
- Gijbertus D.M. van Sommeren v. Gibson, (Ohio 2013)
Appellants challenge the trial courts summary judgment ruling that they failed to establish the proximate-cause element of their claim against the defendant-attorney and his law firm for legal malpractice. Finding no error, we affirm....
- State v. Arnold, (Ohio 2013)
The trial court did not err in overruling Appellants motion to dismiss the death penalty specification. The fact that the jury deadlocked in the penalty phase of Appellants prior trial did not constitute an acquittal for double jeopardy purposes. The trial court also did not abuse its...
- Dottore v. Vorys, Sater, Seymour & Pease, L.L.P., (Ohio 2014)
The trial court did not err in granting summary judgment for a law firm and its attorneys on legal malpractice, breach of contract, promissory estoppel, fraud and civil conspiracy claims because (1) the gist of the causes of action was malpractice, (2) the plaintiffs filed their claims beyond one...
- Haas v. Stryker, (Ohio 2013)
Trial courts denial of a motion to dismiss a complaint pursuant to Civ.R. 12(B)(6), which alleged a 42 U.S.C. 1983 action and state law action for malicious prosecution against a tax administrator and the village for filing criminal complaint against a village resident, who did not earn any income ...
- State v. English, (Ohio 2014)
Conviction of reckless homicide was supported by sufficient evidence because the evidence demonstrated that the defendant was manipulating the firing mechanism of a shotgun, without knowing whether it was loaded and with other individuals in close proximity. Conviction of reckless homicide and...
- Harrison v. Winchester Place Nursing & Rehab. Ctr., (Ohio 2013)
Trial court's judgment staying proceedings pending arbitration pursuant to R.C. 2711.02 affirmed. Arbitration agreement is substantively conscionable and otherwise valid and enforceable because: agreement was a separate document, admission was not contingent upon signing, it contained a warning...
- Miller v. Andrews, (Ohio 2013)
Medical Malpractice; Hindsight Instruction; Discovery...
- State v. Moore, (Ohio 2013)
Delayed reconsideration; resentencing; Graham v. Florida; non-homicide juvenile offenders....
- State v. Brown, (Ohio 2013)
rape; fellatio; hearsay; admissibility of evidence; abuse of discretion; prior consistent statement; recent fabrication; improper influence or motive; Evid.R. 801(D)(1)(b); jury instructions; lesser-included offenses of attempted rape and gross sexual imposition; sexual conduct; sexual contact;...