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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Am. Cylinders Ents., Inc. v. Logue 17AP-831Relator's objections overruled; relator's request for a writ of mandamus ordering the BWC to vacate its order changing relator's manual classification code denied.BrownFranklin 5/13/2021 5/13/2021 2021-Ohio-1661
State v. Johnson 20AP-77Appellant's convictions for aggravated robbery and felonious assault, with repeat violent offender specifications, were not against the manifest weight of the evidence. Judgment affirmed.Luper SchusterFranklin 5/13/2021 5/13/2021 2021-Ohio-1662
State v. Collins 20AP-119Trial court's imposition of maximum, consecutive sentences following defendant's plea of no contest to aggravated vehicular homicide and failure to stop after an accident was not clearly and convincingly contrary to law. Trial court considered the purposes and principles of sentencing pursuant to R.C. 2929.11 and 2929.12 and made the statutory findings required by R.C. 2929.14(C)(4) to support consecutive sentences. Further, the record supports the sentence where the defendant, after excessive alcohol and cocaine use, drove his vehicle off a roadway in the middle of the night, collided with a mobile home with enough force and speed to dislodge it from its foundation, and fatally struck the victim as she slept inside.KlattFranklin 5/13/2021 5/13/2021 2021-Ohio-1663
State v. Williams 19AP-516Trial court did not err when it found appellant guilty, in a bench trial, of multiple counts of endangering children. Appellee presented sufficient evidence to support a finding, beyond a reasonable doubt, that appellant, a daycare teacher, create a substantial risk to the safety of children and violated a duty of care when she videotaped children fighting and engaging in other dangerous activities on the playground but failed to intervene. Appellant's conviction was supported by sufficient evidence and not against the manifest weight of the evidence. Judgment affirmed.SadlerFranklin 5/11/2021 5/11/2021 2021-Ohio-1639
Mitton v. Indus. Comm. 19AP-822The magistrate correctly determined that relator is not entitled to the requested writ of mandamus as the commission had some evidence to support its denial of relator’s application for permanent total disability compensation. Luper SchusterFranklin 5/11/2021 5/11/2021 2021-Ohio-1640
Collateral Mgt., L.L.C. v. Ohio Dept. of Commerce 20AP-123The common pleas court erred in affirming the decision of the Ohio Real Estate Appraiser Board ("board") to adopt the denial of appellant's appraisal management company ("AMC") license application by the Superintendent of the Division of Real Estate and Professional Licensing as the record revealed some members of the board did not consider whether the controlling person of the AMC had voluntarily surrendered her real estate appraiser license for a "substantive reason." The common pleas court did not err in affirming the board's not having considered whether voluntary surrender of a license was "in lieu of revocation" as R.C. 4768.06(B) does not require the same. The common pleas court did not err in not determining the application of R.C. 4768.06(B) to be a due process violation for reasons of retroactivity. Judgment affirmed in part and overruled in part. Case remanded to the common pleas court with instructions.DorrianFranklin 5/11/2021 5/11/2021 2021-Ohio-1641
Jackson v. Ohio Dept. of Rehab. & Corr. 20AP-233The trial court did not abuse its discretion determining that appellee's responses to appellant's requests for admission complied with Civ.R. 36. The trial court did not abuse its discretion denying appellant's motion for leave to file a motion for summary judgment as appellant provided no explanation for his delayed filing or why he waited so late in the case schedule to request discovery. The trial court did not err finding that there are no set of facts entitling appellant to recover for false imprisonment as appellant was incarcerated in accordance with a facially valid order. Judgment affirmed.MentelFranklin 5/11/2021 5/11/2021 2021-Ohio-1642
One Lifestyle, Ltd. v. Mohiuddin 20AP-72The trial court did not err in granting the motion of appellees to compel arbitration. Both appellant and appellees are parties to the Arbitration Agreement which is an enforceable contract assented to by both parties, and appellant's electronic signature is sufficient to demonstrate he agreed to arbitrate the disputes encompassed by the agreement. Furthermore, the trial court did not err in ruling that appellees' claims against appellant could be handled separately from appellant's counterclaims. The judgment of the Franklin County Court of Common Pleas is affirmed.Beatty BluntFranklin 5/7/2021 5/7/2021 2021-Ohio-1594
Gibbs v. Burley Trucking, L.L.C. 20AP-357Trial court decision denying appellants' motion for Civ.R. 60(B) relief from default judgment was not an abuse of discretion and was not error. Civ.R. 60(B) motion was filed after underlying default judgment had already been affirmed in an appeal by co-defendant which appellants did not join. Plaintiff's complaint stated a valid cause of action against appellants, appellants failed to answer the complaint, and appellants could not establish that they were entitled to relief for one of the reasons stated in Civ.R. 60(B)(1)-(5). Judgment affirmed.Beatty BluntFranklin 5/6/2021 5/6/2021 2021-Ohio-1595
Covington v. Butcher 20AP-373Trial court did not err by granting summary judgment to appellee on appellant's negligence claim where the deposition testimony established that the operator of another vehicle was the sole proximate cause of the vehicle collision that resulted in her injury, and appellant failed to satisfy her reciprocal burden of producing admissible evidence giving rise to a genuine issue of material fact for trial. Judgment affirmed.SadlerFranklin 5/6/2021 5/6/2021 2021-Ohio-1596