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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Armengau 19CA0007-MWhere a defendant already served a sentence imposed for a course of conduct, the trial court erred in resentencing for that same course of conduct when it failed to give credit for time already served and when it relied on the sentencing package doctrine, attempting to adopt a total term of imprisonment of a vacated sentence, resulting in a new, longer term of imprisonment based on consecutive sentences and with insufficient reasoning for doing so.BrunnerFranklin 6/30/2020 6/30/2020 2020-Ohio-3552
NTL Collegiate Student Loan Trust-1, A Delaware Statutory Trust v. Payne 18AP-973This court affirmed the trial court judgment in favor of National Collegiate Student Loan Trust-1 in its action to collect on appellant's student loan finding that appellee established standing, the action was not time barred, and the trial corut did not rely on unauthenticated hearsay evidence.Brown, J.Franklin 6/30/2020 6/30/2020 2020-Ohio-3553
Tower 10, L.L.C. v. 10 W. Broad Owner, L.L.C. 18AP-998 & 18AP-999Judgment reversed. The trial court erred in granting appellees' respective motions for summary judgment, denying appellant's motion for summary judgment, and declaring that appellees possessed an express easement to access the walkway passing through the LeVeque Tower at any time. In a 1985 document, appellant's predecessor-in-interest, Katherine LeVeque, granted appellees' predecessor-in-interest, One Columbus, an easement to access the walkway. The 1985 document unambiguously provided that the walkway would be maintained open during normal business hours of One Columbus building. Although Katherine LeVeque permitted One Columbus workers to have keycard access to the walkway after normal business hours, Katherine LeVeque did not grant One Columbus a permanent easement to access the walkway after normal business hours. As there was no evidence of an oral agreement to provide One Columbus with an easement to access the walkway after normal business hours, appellees' contentions concerning the partial performance exception to the statute of frauds failed. The record evidence established that normal business hours of One Columbus building were 6:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturday. As the trial court declined to address appellees' alternative arguments asserting that they had acquired easements to access the walkway by either prescription or estoppel, this court would not address such arguments in the first instance on appeal.Brown, J.Franklin 6/30/2020 6/30/2020 2020-Ohio-3554
State v. T.M.R. 19AP-434Because appellee was not an "eligible offender" for purposes of R.C. 2953.32, the trial court erred in granting her application to seal her record of convictions.Dorrian, J.Franklin 6/30/2020 6/30/2020 2020-Ohio-3555
State v. D.M.C. 19AP-694Because appellee was not an "eligible offender" for purposes of R.C. 2953.32, the trial court erred in granting her application to seal her record of convictions.Dorrian, J.Franklin 6/30/2020 6/30/2020 2020-Ohio-3556
State v. Robinson 19AP-472The State in this attempted murder case provided sufficient evidence to avoid dismissal under Criminal Rule 29, and the factfinders were entitled to conclude that Defendant was the shooter (a conclusion from which the various convictions followed). Judgment affirmed.NelsonFranklin 6/30/2020 6/30/2020 2020-Ohio-3557
Delasoft, Inc. v. Ohio Dept. of Adm. Servs. 19AP-761The trial court erred in dismissing this government contract challenge for want of jurisdiction on the basis that work under the contract had begun but without assessing whether that rule from the public improvements/construction contract context must apply to the goods and services contract at issue here. And the state’s argument that the race or ethnicity of the complaining entity’s owners somehow precludes their challenge lacks support in the law. Judgment of dismissal reversed; cause remanded.NelsonFranklin 6/30/2020 6/30/2020 2020-Ohio-3558
State v. J.L. 19AP-91The trial court erred when it sealed appellant's record of conviction.Brown, J.Franklin 6/25/2020 6/25/2020 2020-Ohio-3466
Grubach v. Univ. of Akron 19AP-283Court of Claims erred when it granted summary judgment to appellee on appellant's breach of contract claim where the evidence presented by appellant permitted the inference that appellant's academic advisor harbored an age-related bias against appellant and subsequently persuaded another member of appellant's Ph.D. committee to change appellant's grade on the comprehensive written examination from "overall pass" to "fail," as such conduct, if proven at trial, represents a substantial departure from accepted academic norms as to demonstrate that appellant's academic advisor and committee member did not actually exercise professional judgment. Even though appellant's dismissal from the Ph.D. program resulted in the loss of his position as a paid teaching assistant ("TA"), appellee was entitled to judgment, as a matter of law, as to appellant's statutory age discrimination claim because the allegations of discriminatory conduct related to appellant's status as a student and not the conditions of his employment as a TA. Appellee was entitled to judgment, as a matter of law, as to appellant's statutory retaliation claim because the discriminatory practices opposed by appellant related to his status as a student and not the conditions of his employment as a TA. Judgment affirmed in part and reversed in part; cause remanded.SadlerFranklin 6/25/2020 6/25/2020 2020-Ohio-3467
Wiltshire Capital Partners v. Reflections II, Inc. 19AP-415The trial court erred in determining that a county auditor's sale of forfeited property extinguished a mortgage under former R.C. 5723.12. However, the trial court did not err in denying the plaintiff summary judgment in a foreclosure action when the plaintiff failed to prove it was the holder of the note.KlattFranklin 6/25/2020 6/25/2020 2020-Ohio-3468
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