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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Mullinix v. Mullinix 22AP-491The domestic relations court did not err in denying appellant’s post-decree motions to dismiss and for summary judgment in a divorce proceeding. Appellant challenged the court’s jurisdiction based on her assertion that appellee had not been a resident of the state of Ohio for at least six months immediately preceding the filing of his complaint for divorce as required by R.C. 3105.03, but appellant admitted in her answer appellee’s allegation that he had been a resident of the state for the statutorily required time. Appellant and her counsel also signed an agreed entry which affirmed the necessary jurisdictional facts. Her admission of facts sufficient to vest the trial court with jurisdiction precluded her post-judgment collateral attack.BoggsFranklin 3/30/2023 3/30/2023 2023-Ohio-1053
State v. Williams 18AP-891In reopened appeal, court concludes that appellant’s statutory and constitutional speedy-trial rights were not violated because less than 270 days elapsed between arrest and trial, and the length of the delay was not presumptively prejudicial. Appellant’s prior appellate counsel did not provide ineffective assistance by failing to assert this meritless claim on direct appeal.DorrianFranklin 3/28/2023 3/28/2023 2023-Ohio-1002
State v. Craig 22AP-215Because the defendant failed to prove actual prejudice, the trial court erred in granting his motion to dismiss based on preindictment delay.DorrianFranklin 3/28/2023 3/28/2023 2023-Ohio-1003
Sens v. Fitness Internatl., L.L.C. 22AP-432The issue of whether appellees breached the duty to perform a reasonable inspection of the fitness equipment upon which appellant allegedly was injured was presented in appellees' motion for summary judgment. However, the trial court failed to address that issue in its decision and exclusively relied on its determination that appellees did not cause the fitness equipment to malfunction. Because the trial court failed to rule on the inspection issue, it is not properly before this court. Accordingly, the trial court's grant of summary judgment for appellees is reversed and the matter is remanded to the trial court.DorrianFranklin 3/28/2023 3/28/2023 2023-Ohio-1004
Hernandez Caballero v. Hernandez Caballero 22AP-450The juvenile court did not err in dismissing a custody complaint for lack of subject-matter jurisdiction once the child at issue turned 18 years old.DorrianFranklin 3/28/2023 3/28/2023 2023-Ohio-1006
Smith v. Ohio Dept. of Rehab. & Corr. 22AP-604Because none of the claims raised in appellant's amended complaint are actionable in the Court of Claims, the Court of Claims properly dismissed appellant's amended complaint.Per CuriamFranklin 3/28/2023 3/28/2023 2023-Ohio-1007
Community Properties of Ohio Mgt. Servs., L.L.C. v. Patterson 21AP-583Judgement reversed. Because there was no indication that appellant had vacated the premises, there was no basis on which to find the appeal moot. The trial court plainly erred by granting restitution of the premises to appellee based on testimony from an unidentified witness who provided no statement indicating that he had personal knowledge of the case against appellant.EdelsteinFranklin 3/23/2023 3/23/2023 2023-Ohio-939
Grandview Hts. v. B.S.H. 22AP-207Appeal dismissed. Victim's appeal from trial court's decision denying victim's motion to be present at trial was moot, because victim filed the appeal after trial concluded and the court acquitted defendant of the charged offense. Victim failed to establish any applicable exceptions to mootness.EdelsteinFranklin 3/23/2023 3/23/2023 2023-Ohio-940
In re I.J.H. 22AP-332 & 22AP-333The juvenile court’s judgments granting permanent court commitment of appellant's three minor children to children services agency is supported by sufficient evidence and not against the manifest weight of the evidence because the evidence relevant to R.C. 2151.414(D)(1) factors established, by clear and convincing evidence, that permanent court commitment is in the best interest of the children. Judgments affirmed.JamisonFranklin 3/23/2023 3/23/2023 2023-Ohio-941
Dillon v. Ohio Dept. of Rehab. & Corr. 22AP-392Common Law Dog Bite—Vicious Dog Standard—Spoliation of Evidence. Court of Claims did not err when it adopted the magistrate’s decision as its own and entered judgment for the ODRC on appellant-inmate’s claims of negligence under a common law dog bite theory and spoliation of evidence. Trial court’s findings that appellant did not prove dog’s prior viciousness (essential element of common law dog bite claim) and failed to show that ODRC willfully destroyed notes kept by the dog’s inmate-handlers for purposes of disrupting appellant’s case (essential element of spoliation claim) were not against the manifest weight of the evidence. Appellant abandoned her traditional negligence claim in the trial court and did not argue the trial court applied the wrong legal standard for that claim on appeal. Judgment affirmed.EdelsteinFranklin 3/23/2023 3/23/2023 2023-Ohio-942
Gerritsen v. State Med. Bd. of Ohio 22AP-466The trial court did not abuse its discretion in affirming the October 16, 2019 order of the Board finding that, pursuant to R.C. 4731.22(B)(26), appellant is impaired in his ability to practice, and pursuant to R.C. 4731.251, appellant is not eligible for the one-bite program; thus, the Board's determination was in accordance with the law. During the time-frame relevant to appellant's application for licensure, the version of R.C. 4731.251 then in effect clearly and unambiguously applied only to practitioners, not applicants such as appellant. Judgment affirmed.Beatty BluntFranklin 3/23/2023 3/23/2023 2023-Ohio-943
Weil v. Ohio Med. Marijuana Control Comm. 22AP-469“Court of Claims did not err when it dismissed appellant’s complaint for failure to name a proper defendant under R.C. 2743.13(A). Judgment affirmed.”BoggsFranklin 3/23/2023 3/23/2023 2023-Ohio-944
State ex rel. Columbus Distrib. Co. v. Reeves 21AP-399Employer’s writ of mandamus denied where the decision of the Industrial Commission was based on some evidence to support the award of permanent partial disability and permanent total disability, in spite of conflicting medical reports.JamisonFranklin 3/21/2023 3/21/2023 2023-Ohio-898
State v. Hoyle 22AP-19Appellant's convictions of cruelty to a companion animal in violation of R.C. 2941.145(A) and having weapons under disability in violation of R.C. 2923.13 are not against the manifest weight of the evidence. Neither the jury nor the trial court lost its way in finding appellant guilty of the charges based on the evidence presented at trial. Merely because the respective finders of fact chose to find the state's witnesses credible does not render appellant's convictions against the manifest weight of the evidence. Judgment affirmed.Beatty BluntFranklin 3/21/2023 3/21/2023 2023-Ohio-899
Sessley v. Estate of Black 22AP-376No final appealable order due to the trial court's failure to enter any judgment or order effecting the jury's verdict. Lacking jurisdiction, this court sua sponte dismisses the appeal.LelandFranklin 3/21/2023 3/21/2023 2023-Ohio-900
State ex rel. Richson v. Ohio Pub. Emps. Retirement Sys. 22AP-460Common pleas court did not err by concluding relator failed to establish a clear legal right to the relief sought. Under the specific definition of "total service credit" contained in R.C. 145.016(C)(1), relator was required to have five or more years of contributing service to be eligible for retirement benefits. The record was undisputed that relator had less than five years of contributing service credit.DorrianFranklin 3/21/2023 3/21/2023 2023-Ohio-901
In re A.C. 22AP-243, 22AP-244, 22AP-255, 22AP-256 & 22AP-257The trial court's judgment granting the agency's motion for permanent custody was against the manifest weight of the evidence, and not supported by clear and convincing evidence, because the court relied on incorrect facts regarding mother’s criminal conviction and case plan requirements in assessing the children's best interests. The mother’s case is remanded for the trial court to properly analyze the R.C. 2151.414(D)(1) best interest factors. The trial court’s judgment granting the agency’s motion for permanent custody for the father was not against the manifest weight of the evidence. Judgment reversed in part, affirmed in part.MentelFranklin 3/16/2023 3/16/2023 2023-Ohio-836
State v. Hall 21AP-137The trial court erred in not instructing the jury on the issue of self-defense. Appellant met his burden of producing sufficient evidence that, if believed, would raise a question in the minds of reasonable jurors as to the existence of self-defense. Judgment reversed; cause remanded.Luper SchusterFranklin 3/16/2023 3/16/2023 2023-Ohio-837
State ex rel. Borling v. State Teachers Retirement Sys. Bd. 22AP-294The court of common pleas did not err when it found STRS abused its discretion and acted arbitrarily when it refused to consider whether appellee’s connective tissue disease was a disabling condition. Judgment affirmed.MentelFranklin 3/16/2023 3/16/2023 2023-Ohio-838
Cozad v. Ohio Elections Comm. 22AP-312The Franklin County Court of Common Pleas did not err in dismissing an administrative appeal from a decision of the Ohio Elections Commission, which denied a motion for a protective order, because the commission’s decision was not a "final determination," subject to appeal under R.C. 3517.157(D).BoggsFranklin 3/16/2023 3/16/2023 2023-Ohio-839
State ex rel. Nyamusevya v. Hawkins 22AP-327Relator, who filed no objections to the magistrate's decision, can prove no set of facts entitling him to a writ of prohibition because the trial court had jurisdiction over the foreclosure action he challenges in this mandamus action. Accordingly, the recommendation and decision of the magistrate are adopted, respondents' motions to dismiss are granted, and the complaint is dismissed.MentelFranklin 3/16/2023 3/16/2023 2023-Ohio-840
Silveous v. 5 Starr Salon & Spa, L.L.C. 22AP-456The trial court did not err in granting summary judgment to an attorney on plaintiff’s claims. The attorney was immune from liability to the third-party plaintiff arising from his performance as an attorney in good faith on behalf of, and with the knowledge of the attorney’s client. There was no showing by plaintiff that the attorney was in privity with the client or acted maliciously.DorrianFranklin 3/16/2023 3/16/2023 2023-Ohio-841
State ex rel. Mobley v. O'Donnell 22AP-488The magistrate did not err in determining that relator had an adequate remedy at law and therefore is not entitled to either a writ of mandamus or procedendo. Case dismissed.Luper SchusterFranklin 3/16/2023 3/16/2023 2023-Ohio-842
State v. Gamble 22AP-584The trial court did not err in denying appellant's motion to vacate post-release control. Appellant could have raised this issue in a direct appeal. And any sentencing error committed by the trial court relating to post-release control would have made the challenged judgment voidable, not void. Thus, his motion to vacate was barred by res judicata. Judgment affirmed.Luper SchusterFranklin 3/16/2023 3/16/2023 2023-Ohio-843
State ex rel. Williams v. Ohio Adult Parole Auth. 22AP-662Respondent Ohio Adult Parole Authority’s motion to dismiss relator-inmate’s petition for a writ of mandamus is granted because relator did not comply with the filing requirements of R.C. 2969.25(A) and (C).BoggsFranklin 3/16/2023 3/16/2023 2023-Ohio-850
State v. Dillion 21AP-666The trial court did not err in admitting the statements of an unavailable witness under the doctrine of forfeiture by wrongdoing. Additionally, sufficient evidence and the manifest weight of the evidence support Dillion's convictions of aggravated burglary, aggravated robbery, aggravated murder, murder, felonious assault, and the attendant firearm specifications.Luper SchusterFranklin 3/14/2023 3/14/2023 2023-Ohio-777
In re J.C. 22AP-259 & 22AP-260Judgment affirmed in part and reversed and remanded in part. Appellant showed counsel’s performance fell below an objective standard of reasonableness in that counsel failed to protect appellant’s opportunity for meaningful input, sufficiently undermining the outcome of the permanent custody trial for one child.BoggsFranklin 3/14/2023 3/14/2023 2023-Ohio-778
Truist Bank v. Eichenberger 22AP-334Breach of Contract-Summary Judgment-In breach of contract action arising out of a consumer's loan agreement with a bank, trial court did not err by granting summary judgment in the bank's favor. No genuine issues of material fact existed regarding the validity of the agreement or the creditor's failure to make required monthly payment, thus resulting in the breach. Dismissal of creditor's breach of contract and breach of fiduciary duty counterclaims was proper, as neither were sufficiently pled. Judgment affirmed.EdelsteinFranklin 3/14/2023 3/14/2023 2023-Ohio-779
Estate of Brown v. McCall 22AP-458Order of trial court which determined liability but did not resolve issue of damages not a final order from which appeal could be perfected; appeal sua sponte dismissed.LelandFranklin 3/14/2023 3/14/2023 2023-Ohio-780
State ex rel. Blachere v. Tyack 22AP-478Mandamus-R.C. 2935.09(D)-Private citizen affidavit charging misdemeanor offense mailed to clerk of court for filing-Mandamus complaint seeking to compel respondents, clerks of court, to file relator's mailed citizen affidavit charging misdemeanor offenses and seeking issuance of warrant properly dismissed under Civ.R. 12(B)(6) because relator failed to demonstrate clerks had a clear legal duty to perform the requested relief under R.C. 2935.09(D) or 2935.10(B).EdelsteinFranklin 3/14/2023 3/14/2023 2023-Ohio-781
State v. Waters 21AP-667 & 21AP-668Appellant failed to show ineffective assistance of counsel and that he did not enter his guilty plea knowingly and voluntarily. Given that Appellant, with effective assistance of counsel, entered a knowing, intelligent, and voluntary guilty plea, Appellant’s assignment of error regarding the improper admission of evidence is barred. Judgments affirmed.BoggsFranklin 3/9/2023 3/9/2023 2023-Ohio-721
In re Ja.S. 22AP-2, 22AP-3 & 22AP-4The trial court erred and deprived mother of her right to counsel in permanent custody proceedings when it permitted the withdrawal of her appointed counsel without determining whether mother was knowingly waiving her right to counsel and when it proceeded to hold hearings and render decisions in the refiled permanent custody and temporary custody proceedings in mother's absence and without counsel to represent mother.Luper SchusterFranklin 3/9/2023 3/9/2023 2023-Ohio-722
In re A.M.A. 22AP-325Juvenile court’s decision to vacate findings supporting application for special immigrant juvenile status lacked a factual basis in the record before the court, and was issued without notice and a hearing in violation of Juv.R.14(C) and procedural due process. Judgment reversed and vacated.Beatty BluntFranklin 3/9/2023 3/9/2023 2023-Ohio-723
In re K.D. 21AP-41Judgment reversed and cause remanded. The juvenile court erred by imposing concurrent periods of commitment on appellee because R.C. 2152.17(E) required them to be imposed consecutively.MentelFranklin 3/7/2023 3/7/2023 2023-Ohio-699
In re Estate of Nugent 22AP-296The trial court did not err in finding that appellant committed a per se violation of her fiduciary duties by facilitating an assignment of all interests by the sole beneficiary in favor of appellant, who was acting as the administrator of the estate at the time the assignment was effectuated. Had the assignment not been later revoked, it would have resulted in the sole beneficiary losing her income-eligible benefits, including Medicaid, which was not in the best interests of the sole beneficiary. Nor did the trial court err in removing appellant as administrator based on her breach of fiduciary duties. Judgment affirmed.Beatty BluntFranklin 3/7/2023 3/7/2023 2023-Ohio-700
State v. Dodson 22AP-388Trial court did not abuse its discretion in denying appellant's motion for leave to file delayed motion for new trial without holding a hearing. Appellant failed to show he was was unavoidably prevented from discovering the allegedly new evidence upon which his motion for new trial would purport to be based. Neither did the trial court err in denying appellant's motion for in camera review of the State's file and sealing for appellate review. Appellant failed to prove a Brady violation that rises to a violation of due process because he made no plausible showing to establish a basis for his claim that the State's file contained material evidence. Judgment affirmed.Beatty BluntFranklin 3/7/2023 3/7/2023 2023-Ohio-701
State ex rel. AutoZone Stores, Inc. v. Indus. Comm. 21AP-294Writ of mandamus filed by relator-employer seeking to compel respondent Industrial Commission ("commission") to vacate its order granting the request for temporary total disability compensation filed by respondent-claimant is denied where claimant's approved surgery rendered him unable to work as the direct result of an impairment arising from a workplace injury under the plain language of newly enacted R.C. 4123.56(F). Relator-employer's objections focusing on claimant's termination prior to the surgery and relying on judicial decisions based on the voluntary abandonment doctrine, which were expressly superseded by R.C. 4123.56(F), lacked merit. Objections overruled and writ denied.DorrianFranklin 3/2/2023 3/2/2023 2023-Ohio-633
State v. O'Garro 22AP-253In ruling on appellant’s motion to withdraw her guilty plea due to the sentencing court’s failure to advise appellant her conviction may result in deportation or exclusion from admission to the United States, the trial court had the discretion to consider appellant’s 11-year delay in filing the motion as a primary factor supporting denial of the motion. The trial court did not err when it refused to apply Padilla in assessing trial counsel’s performance during the plea process because Padilla was decided well after appellant’s conviction became final, and both the Supreme Court of the United States and this court have held that Padilla may not be applied retroactively. Even if trial counsel had a duty to advise appellant a conviction may result in her deportation or exclusion from admission to the United States, appellant’s post hoc assertion that she would not have pleaded guilty to permitting child abuse, if so advised, lacks credibility in light of her lengthy delay in filing the motion, the overwhelming evidence of appellant’s guilt, and the possibility of a much longer prison sentence if appellant were found guilty at trial. Judgment affirmed.JamisonFranklin 3/2/2023 3/2/2023 2023-Ohio-634
State ex rel. Hillman v. Phipps 21AP-636Having found no error of law or other defect on the face of the magistrate's decision, we the adopt the magistrate's decision as our own and deny relator's requested writ of procedendo.Luper SchusterFranklin 3/2/2023 3/2/2023 2023-Ohio-635
Ohio Dept. of Taxation v. Barney 21AP-461Because the trial court, in ruling on objections to a magistrate's decision, failed to enter judgment for appellee and failed to order any relief, the judgment entry appealed from is not a final appealable order and this court is without jurisdiction to review it. Appeal Dismissed.JamisonFranklin 3/2/2023 3/2/2023 2023-Ohio-636
State ex rel. Johnson v. Adult Parole Auth. 21AP-147Because relator received notification of release violation hearing and then admitted to the parole violations, he was afforded due process and is not entitled to a new revocation hearing.JamisonFranklin 2/28/2023 2/28/2023 2023-Ohio-578
In re D.R. 21AP-697Judgment reversed. The trial court's judgment granting the agency's motion for permanent custody was against the manifest weight of the evidence and not supported by clear and convincing evidence, because the court relied on incorrect facts regarding father's criminal convictions in assessing the child's best interests. Case remanded for trial court to properly analyze the R.C. 2151.414(D)(1) best interest factors, father's remaining arguments rendered moot.EdelsteinFranklin 2/23/2023 2/23/2023 2023-Ohio-539
Community Properties of Ohio Mgt. v. Smith 22AP-322The Franklin County Municipal Court did not err in adopting its magistrate’s decision in favor of appellee on appellee’s forcible-entry-and-detainer claim and in entering judgment accordingly. After obtaining a continuance of the magistrate’s hearing to allow her to gather additional evidence in support of her defense, appellant failed to appear for the rescheduled hearing. Appellant filed objections to the magistrate’s decision, but the objections did not address the substance of the magistrate’s decision, and appellant did not support her objections with a transcript or affidavit of the evidence presented. The trial court was therefore required to accept the magistrate’s findings of fact, which established the legal requirements for appellee’s claim. Judgment affirmed.BoggsFranklin 2/23/2023 2/23/2023 2023-Ohio-540
State ex rel. Jones v. McIntosh 22AP-269Relator's writ of procedendo seeking a ruling from a common pleas court judge was properly dismissed for relator's failure to comply with R.C. 2969.25(A). The court may take judicial notice of other civil cases filed by an inmate to demonstrate noncompliance.JamisonFranklin 2/21/2023 2/21/2023 2023-Ohio-496
Russell v. Ohio Dept. of Rehab. & Corr. 22AP-518The Franklin County Court of Common Pleas properly dismissed appellant's action for failure to comply with R.C. 2969.25. An inmate seeking waiver of filing fees is required to provide a certified statement of the inmate's account for the last six months, and failure to do so is grounds for dismissal.JamisonFranklin 2/21/2023 2/21/2023 2023-Ohio-497
State ex rel. Stokes v. Ohio Dept. of Rehab. & Corr. 21AP-482Objection overruled and relator's request for a writ of mandamus denied. Relator's three life sentences for rape have not been modified to add a ten-year minimum term. Relator's motions are denied.JamisonFranklin 2/16/2023 2/16/2023 2023-Ohio-468
In re Bil.I. 22AP-127, 22AP-137, 22AP-138Juvenile court did not err by granting permanent custody of children to Franklin County Children Services ("FCCS"). Appellants failed to challenge prior findings that FCCS engaged in reasonable efforts to reunify children and could not challenge those earlier findings after the permanent custody decision. There was competent, credible evidence to support the juvenile court's conclusion that granting permanent custody was in the children's best interest; although the juvenile court did not expressly address the language and cultural issues in the case, it did not clearly lose its way in concluding that granting permanent custody was in the children's best interest.DorrianFranklin 2/14/2023 2/14/2023 2023-Ohio-434
State v. Justice 22AP-234Trial court did not abuse its discretion in denying bail to appellant because the evidence presented by the State supports a finding, by clear and convincing evidence, that the proof is evident or the presumption great that appellant committed the serious felony charges in the indictment, appellant poses a substantial risk of serious physical harm to persons or the community, and no release conditions will reasonably assure the safety of any person or the community if appellant were freed on bail. Judgment affirmed.JamisonFranklin 2/14/2023 2/14/2023 2023-Ohio-435
State ex rel. Mobarak v. Brown 22AP-482Objection overruled, magistrate’s decision adopted as modified, motion to dismiss granted, action dismissed. Magistrate properly recommended granting respondents’ Civ.R. 12(B)(6) motion to dismiss relator’s complaint for a writ of mandamus, because relator had an adequate remedy at law by way of an appeal.EdelsteinFranklin 2/14/2023 2/14/2023 2023-Ohio-436
In re E.S. 22AP-366Competent, credible evidence supports the probate court's determination that appellant is a mentally ill person subject to court order under R.C. 5122.01(B)(3).Luper SchusterFranklin 2/9/2023 2/9/2023 2023-Ohio-382