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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Warren v. Morrison 16AP-372Because the BWC's interpretation of R.C. 4123.62(C) is reasonable and consistent with legislative intent, we conclude that the BWC did not violate the requirements of that statute by rounding the statewide average weekly wage upward to the nearest whole dollar for the years at issue. Thus, the trial court properly denied appellants' motion for summary judgment and granted the BWC's motion for summary judgment. Judgment affirmed.Luper SchusterFranklin 2/23/2017 2/23/2017 2017-Ohio-660
State v. Fields 16AP-417Trial court did not err when it imposed consecutive sentences because it made the findings required by R.C. 2929.14(C)(4) at the sentencing hearing, even though it failed to incorporate its finding into the sentencing entry. The trial court erred when its sentencing entry failed to credit appellant with any jail time after having found at the sentencing hearing that appellant had earned 336 days of jail-time credit. Judgment reversed and cause remanded for trial court to issue a corrected judgment entry crediting appellant with 336 days of jail time served.SadlerFranklin 2/23/2017 2/23/2017 2017-Ohio-661
O'Shaughnessy v. Ibanez 16AP-639 & 16AP-640The trial court did not err in determining Ibanez to be a vexatious litigator and imposing restrictions on future filings pursuant to R.C. 2323.52.Per CuriamFranklin 2/23/2017 2/23/2017 2017-Ohio-662
FDT Group, L.L.C. v. Guaraci 16AP-679Where a property owner's claim for flood-related insurance coverage is denied and the owner sues his insurance agent alleging negligent procurement and negligent misrepresentation, summary judgment in favor of the insurance agent is appropriate where record evidence showed the insurance agent had no duty to recommend water backup coverage for the property. Judgment affirmed.SadlerFranklin 2/23/2017 2/23/2017 2017-Ohio-663
State ex rel. Witt v. Indus. Comm. 15AP-804Bureau and Industrial Commission had continuing jurisdiction to correct a miscalculation in relator's AWW and FWW. Industrial Commission did not abuse its discretion in upholding bureau's adjustment of relator's benefit rate.BrownFranklin 2/16/2017 2/17/2017 2017-Ohio-554
Youngstown City School Dist. Bd. of Edn. v. State 15AP-941Trial court decision denying preliminary injunction was not a final, appealable order. Denial of provisional remedy did not deprive appellants of the opportunity of a meaningful remedy by means of appeal after subsequent judgment.BrownFranklin 2/16/2017 2/17/2017 2017-Ohio-555
State v. Ferguson 16AP-307Trial court did not abuse its discretion by denying postsentence motion to withdraw plea where defendant signed a waiver of the opportunity to file such a motion, he waited two years to file the motion without explanation for the delay, and his speedy trial claim failed on the merits.KlattFranklin 2/16/2017 2/17/2017 2017-Ohio-556
State v. Roland 16AP-484Judgment affirmed. The jury believed the victim's testimony, which was corroborated by other witnesses, and rejected appellant's claim of self defense. As such, appellant's convictions for felonious assault with firearm and drive-by specifications, improper handling of a firearm, and having a weapon under a disability were supported by sufficient evidence, and were not against the manifest weight of the evidence. In addition, appellant cannot overcome the presumption that his counsel was effective, nor show that he was prejudiced in any manner by the actions or inactions of his counsel.HortonFranklin 2/16/2017 2/17/2017 2017-Ohio-557
State v. Dixon 16AP-583The trial court did not err in resentencing Dixon pursuant to the remand order issued by this court.Luper SchusterFranklin 2/16/2017 2/17/2017 2017-Ohio-558
State v. Walker 15AP-1107Trial court did not err when it denied appellant's motion to withdraw guilty plea.BrownFranklin 2/14/2017 2/14/2017 2017-Ohio-511