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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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1031 Properties, L.L.C. v. Bearden
| CA2020-03-046 | The trial court abused its discretion in vacating the default judgment where the tenants failed to show their failure to answer the complaint constituted excusable neglect. | M. Powell | Butler |
4/12/2021
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4/12/2021
| 2021-Ohio-1232 |
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Gordon v. Mt. Carmel Farms, L.L.C.
| CA2020-09-054 | The trial court erred by denying appellants' motion to dismiss brought pursuant to Civ.R. 12(B)(6) where the appellees' claims brought against them pursuant to 42 U.S.C. § 1983 failed given one of the appellants, the director of a township zoning department, was entitled to qualified immunity, whereas the other appellant, the township, was not alleged to have violated any custom or policy for which it could be held liable given that a township cannot be held liable under a theory of respondeat superior. | S. Powell | Clermont |
4/12/2021
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4/12/2021
| 2021-Ohio-1233 |
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State v. Bowles
| CA2020-09-065 | Anders no error. | Per Curiam | Warren |
4/12/2021
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4/12/2021
| 2021-Ohio-1234 |
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In re K.G.
| CA2020-08-047; CA2020-08-048; CA2020-08-049 | The juvenile court did not err by granting a children services agency permanent custody of the children where a grant of permanent custody was in the children's best interests and the children had been in the custody of the agency for approximately 18 months at the time the agency moved for permanent custody of the children. | M. Powell | Clermont |
4/7/2021
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4/7/2021
| 2021-Ohio-1182 |
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In re K.F.
| CA2020-10-061; CA2020-10-062 | The juvenile court did not err by granting a children services agency permanent custody of the child where a grant of permanent custody was in the child's best interest and the child had been in the custody of the agency for 20 months at the time the agency moved for permanent custody of the child. | Byrne | Clermont |
4/7/2021
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4/7/2021
| 2021-Ohio-1183 |
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State v. Tipton
| CA2020-05-011 | Defendant's guilty plea was voluntarily entered where the trial court's incorrect postrelease control statement during the plea colloquy did not constitute a complete failure to comply with Crim.R. 11(C)(2)(a) and where defendant failed to show he was prejudiced by the trial court's postrelease control misstatement and that he would not have entered a guilty plea if he had been properly advised of the duration and mandatory nature of the postrelease control. | M. Powell | Madison |
4/5/2021
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4/5/2021
| 2021-Ohio-1128 |
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Lovejoy v. Diel
| CA2020-06-067 | The trial court erred dismissing the complaint for lack of subject matter jurisdiction. The agreement between the parties was not a land installment contract because it did not meet the definition of a land installment contract provided by R.C. 5313.01(A) or contain the elements mandated by R.C. 5313.02(A). Because the agreement was not a land installment contract under R.C. Chapter 5313, appellant did not need to pursue a foreclosure action pursuant to R.C. 5313.07 and the trial court did not lack subject matter jurisdiction. | Byrne | Butler |
4/5/2021
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4/5/2021
| 2021-Ohio-1124 |
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State v. Stout
| CA2020-08-085 | The trial court did not err in denying appellant's motion to suppress as the officer had probable cause to initiate a traffic stop where appellant was in violation of city ordinances requiring appellant to have a mounted light on the bicycle he was operating on the city's streets at nighttime. Moreover, even if there had not been probable cause to initiate the traffic stop, the attention doctrine applied to prevent the methamphetamine found on appellant's person from being suppressed as the discovery of the drugs was sufficiently attenuated by the officer's discovery of a pre-existing warrant for appellant's arrest. | Hendrickson | Butler |
4/5/2021
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4/5/2021
| 2021-Ohio-1125 |
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Lykins Oil Co. v. Corbin
| CA2020-07-036 | The trial court improperly modified a preliminary injunction before first finding that a balancing of the facts supported a change in circumstances. The trial court also should have permitted appellant to cross-examine appellee in order to elicit evidence. | Piper | Clermont |
4/5/2021
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4/5/2021
| 2021-Ohio-1126 |
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State ex rel. Becker v. Faris
| CA2020-10-058 | Relator was not entitled to a writ of mandamus to compel respondent, a county prosecutor, a "formal and/or systematic investigation" into the purported "criminal behavior" engaged in by the Governor of Ohio, Mike DeWine, for his handling of the ongoing COVID-19 pandemic where the respondent's actions in reviewing the private citizen affidavit filed by relator under R.C. 2935.09(D), as well as the applicable criminal statutes referenced therein, satisfied the prosecutor's statutory duty to conduct an "investigation" into the allegations contained within relator's private citizen affidavit pursuant to R.C. 2935.10(A). | S. Powell | Clermont |
4/5/2021
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4/5/2021
| 2021-Ohio-1127 |
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