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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Meranda Nixon Estate Wine, L.L.C. v. Cherry Fork Farm Supply Co.
| CA2023-01-002 | The trial court erred in part by granting summary judgment to appellees, a commercial applicator and his employer, on the landowners' claims for damages to their vineyard as a result of herbicide drift from an herbicide application to a neighboring farm. While summary judgment was properly entered in appellees' favor on the landowners' common-law negligence, private nuisance, and negligent hiring, supervision, and training claims, the trial court improperly disregarded some Civ.R. 56 evidence, ignored issues of fact, and weighed conflicting evidence in awarding summary judgment to appellees on the landowners' claims for negligence per se, indirect trespass, and punitive and treble damages. Issues of material fact remained as to whether the appellees violated R.C. 921.24 by spraying herbicides in a manner inconsistent with their labeling requirements, whether the applicator acted recklessly or with actual malice when he elected to finish spraying the neighboring farm after noticing the wind had picked up and the chemicals he was applying had started to drift, and whether substantial damages were sustained to the landowners' grapevines as a result of the chemical application to the neighboring farm. | Hendrickson | Brown |
4/22/2024
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4/22/2024
| 2024-Ohio-1523 |
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State v. Morris
| CA2024-01-001 | Anders no error. | Per Curiam | Butler |
4/22/2024
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4/22/2024
| 2024-Ohio-1520 |
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State v. Powers
| CA2023-09-100 | As part of appellant's jury trial for endangering children and murder, the trial court did not err by admitting into evidence seven photographs taken during the infant victim's autopsy, or by excluding certain evidence at trial in accordance with Evid.R. 612 and 405(B), and appellant's conviction for endangering children in violation of R.C. 2919.22(B)(1) and (E)(1)(d) was supported by sufficient evidence where the overwhelming evidence established that the infant victim suffered serious physical harm while in the sole care and custody of appellant. | S. Powell | Butler |
4/22/2024
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4/22/2024
| 2024-Ohio-1521 |
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Snell v. Howell
| CA2023-08-093 | The trial court did not abuse its discretion when it modified Father's child support order. The magistrate properly found that circumstances had substantially changed where Father failed to exercise all his court-ordered parenting time and failed to pay for daycare as previously agreed, and therefore the previous downward deviation in Father's support payment was no longer in the best interest of the children. | S. Powell | Butler |
4/22/2024
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4/22/2024
| 2024-Ohio-1522 |
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In re C.L.W.
| CA2023-07-048 | The juvenile court did not abuse its discretion in continuing the parties' shared parenting plan regarding their daughter and in failing to sanction the mother upon finding her in contempt twice for denying the father's parenting time. | M. Powell | Clermont |
4/22/2024
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4/22/2024
| 2024-Ohio-1519 |
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Kronk v. Getts
| CA2023-09-014 | The trial court did not err by granting appellee a civil stalking protection order against appellant pursuant to R.C. 2903.214(C)(1) where the trial court's finding appellant had engaged in a pattern of conduct that either knowingly caused appellee to believe that appellant would cause her physical harm or knowingly caused appellee to suffer mental distress was supported by sufficient evidence and was not against the manifest weight of the evidence given appellant's repeated harassment of appellee over the preceding two years | S. Powell | Madison |
4/22/2024
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4/22/2024
| 2024-Ohio-1516 |
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State v. Harmon
| CA2023-04-007 | Crim.R. 11 requires a trial court to inform a defendant who is on postrelease control and is pleading guilty to a new felony offense of the trial court's authority to revoke the defendant's postrelease control and impose a prison term consecutively to any term of imprisonment it imposes for that new felony offense. State v. Bishop, 156 Ohio St.3d 156, 2018-Ohio-5132, ¶ 21. | Piper | Madison |
4/15/2024
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4/15/2024
| 2024-Ohio-1407 |
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In re P.C.
| CA2023-11-075 | Father appealed the juvenile court's decision designating Grandfather as a necessary party. The juvenile court's decision to join Grandfather as a party does not affect a substantial right and since it is equally reviewable now or after the case has been finally adjudicated is not a final appealable order. Appeal dismissed. | S. Powell | Clermont |
4/15/2024
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4/15/2024
| 2024-Ohio-1411 |
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Porter v. Porter
| CA2023-07-086 | The domestic relations court did not err by setting the de facto termination date of the marriage as the date when the final divorce hearing took place where Husband did not offer the court any alternative, nor did the domestic relations court err by ordering Husband to pay spousal support to Wfie given the parties' respective ages, duration of the parties' marriage, and the disparity in the parties' respective incomes. | S. Powell | Butler |
4/15/2024
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4/15/2024
| 2024-Ohio-1413 |
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State v. Ndubueze
| CA2023-04-046 | Appellant's convictions for rape and gross sexual imposition are supported by sufficient evidence and are not against the manifest weight of the evidence. The jury was in the best position to judge the credibility of the witnesses. | Piper | Butler |
4/15/2024
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4/15/2024
| 2024-Ohio-1414 |
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State v. Ndubueze
| CA2023-04-045 | Appeal dismissed. Victims' appeal was moot, because the victims filed the appeal after the trial concluded and there were no applicable exceptions to the mootness doctrine. In addition, it is well settled that courts do not issue advisory opinions. | Piper | Butler |
4/15/2024
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4/15/2024
| 2024-Ohio-1415 |
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State v. Ivory
| CA2024-01-002 | Anders no error. | Per Curiam | Warren |
4/15/2024
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4/15/2024
| 2024-Ohio-1400 |
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State v. Hubbard
| CA2023-01-014 | Defendant shot at police and struck one of them. Defendant appeals convictions for felonious assault and other crimes. Greater weight of evidence did not demonstrate that defendant acted in self-defense. Defendant created the situation giving rise to the shooting. Defendant failed to establish that counsel performed deficiently by not submitting the "use of force" policies of the responding police agencies. Defendant's aggregate sentence in prison was not cruel and unusual. Defendant's conduct was egregious. | Byrne | Warren |
4/8/2024
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4/8/2024
| 2024-Ohio-1315 |
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State v. Elkins
| CA2023-02-001 | Defendant appeals domestic violence conviction. Conviction was supported by sufficient evidence that defendant had knowledge of causing the victim physical harm. Defendant's argument that 18 U.S.C. 922(g)(9) was unconstitutional as applied was waived. | Byrne | Preble |
4/8/2024
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4/8/2024
| 2024-Ohio-1314 |
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Gordon v. Mt. Carmel Farms, L.L.C.
| CA2023-03-012 | The trial court's injunction was not vague where it prohibited the defendant landowner from using its property "in any way inconsistent" with local zoning regulations and identified the types of business that the landowner was prohibited from allowing to operate on the property. Additionally, the plaintiffs had standing under R.C. 519.24 because their property was located near the defendant's property and the businesses on defendant's property caused various nuisances specific to plaintiffs. Finally, the plain language of R.C. 519.24, a special statute, makes injunctions issued under that statute different from injunctions issued under Civ.R. 65 because the statute is explicitly not limited to preserving the status quo. Defendant takes no issue with the court's factual findings, including that the companies operating on its property did so in violation of local zoning ordinances and can thus be removed from the property entirely pursuant to R.C. 519.24. | Hendrickson | Clermont |
4/8/2024
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4/8/2024
| 2024-Ohio-1313 |
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Baker v. Comley
| CA2023-01-007 | Defendant appeals decision in favor of plaintiff. Plaintiff named two defendants in complaint but judgment was entered against only one defendant. The claim against the second defendant was unresolved and there was no final appealable order. | Byrne | Butler |
4/8/2024
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4/8/2024
| 2024-Ohio-1312 |
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In re C.J.H.
| CA2023-04-024; CA2023-04-025; CA2023-04-026; CA2023-04-027; CA2023-04-028 | Juvenile court erred by not mandatorily binding over appellees to the general division of the court of common pleas pursuant to R.C. 2152.12(A)(1)(a)(i) where there was probable cause to believe appellees were complicit in committing murder and aggravated murder. Reversed and remanded. | Hendrickson | Clermont |
4/1/2024
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4/1/2024
| 2024-Ohio-1233 |
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Batsche v. Batsche
| CA2023-08-051 | The trial court properly denied Plaintiffs' motions for summary judgment, directed verdict, and judgement notwithstanding the as to their tortious interference with inheritance claim where the Plaintiffs relied exclusively on the presumption that where a fiduciary relationship exists between a donor and donee, undue influence occurred. Additionally, defendant presented evidence that the donor was of sound mind before his death despite his physical decline. Plaintiffs' assignments of error as to their conversion claim are moot or harmless because jury found in their favor as to their primary claim of civil theft. It was error for the trial court to deny Plaintiffs treble damages as to their civil theft claim because R.C. 2307.61 gives the trial court no discretion to do so if the Plaintiffs properly elected to pursue treble damages, overruling Justice v. Justice, 12th Dist. Butler No. CA2004-03-074, 2005-Ohio-1802. WITH Dissenting Opinion. | S. Powell | Clermont |
4/1/2024
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4/1/2024
| 2024-Ohio-1234 |
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Canter v. Kingdomwork, L.L.C.
| CA2023-05-049 | The trial court properly granted defendant summary judgment where the defendant presented evidence that the sign complied with zoning regulations at the time it was constructed and is thus considered legally nonconforming under the Middletown Development Code. In addition, Plaintiff's argument that the sign was not constructed in conformance with the certificate amounts to mere speculation. Nothing in the record remotely speaks to or supports the assertion. | Piper | Butler |
4/1/2024
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4/1/2024
| 2024-Ohio-1231 |
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State v. Jarrett
| CA2023-09-101 | Anders no error. | Per Curiam | Butler |
4/1/2024
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4/1/2024
| 2024-Ohio-1232 |
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State v. Hall
| CA2023-06-047 | The trial court did not err by summarily dismissing appellant's pro se petition for postconviction relief without a hearing where the doctrine of res judicata barred appellant's claims alleging his trial counsel provided him with ineffective assistance of counsel given that appellant failed to provide the necessary "outside-the-record" evidence to avoid dismissal of his pro se postconviction relief petition without the need for the trial court to first hold a hearing on the matter. | Hendrickson | Warren |
4/1/2024
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4/1/2024
| 2024-Ohio-1235 |
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Dickenson v. Jackson
| CA2023-09-073 | The domestic relations court did not err by finding appellant in contempt under R.C. 2705.02(A) for violating her and appellee's shared parenting plan in regard to appellee's parenting time schedule nor did the domestic relations court err by ordering appellant to pay attorney fees and litigation expenses to appellee in accordance with R.C. 3105.73(B) based upon appellant being found in contempt. | S. Powell | Warren |
4/1/2024
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4/1/2024
| 2024-Ohio-1236 |
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S.E. v. Edelstein
| CA2023-08-064 | The trial court did not err by granting appellee's pro se Civ.R. 12(B)(6) motion to dismiss where appellants' alleged claims of breach of contract, loss of consortium, and intentional interference with a contract were, in actuality, claims alleging a breach of a promise to marry or alienation of affection, amatory claims that were abolished by R.C. 2305.29. | S. Powell | Warren |
3/25/2024
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3/25/2024
| 2024-Ohio-1090 |
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In re A.V.
| CA2023-08-067 | The juvenile court did not err by granting permanent custody of appellants' four children to appellee, a local county's children services agency, where the juvenile court's decision complied with the necessary statutory requirements for granting permanent custody and was in the children's best interest. | S. Powell | Warren |
3/25/2024
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3/25/2024
| 2024-Ohio-1091 |
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Bettman v. JDH Bldg. Group, L.L.C.
| CA2023-11-096 | The trial court erred by denying a motion for a preliminary injunction without a hearing where the trial court considered only one factor of the relevant analysis. No single element on consideration of a motion for a preliminary injunction is dispositive. Moreover, the trial court's denial of the preliminary injunctive relief then served as an inappropriate basis for rending the discovery dispute moot. | Piper | Warren |
3/25/2024
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3/25/2024
| 2024-Ohio-1092 |
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State v. Redden
| CA2023-09-106 | Trial court erred in convicting defendant of domestic violence because there was insufficient evidence to prove he knowingly caused physical harm to the mother of his child. | M. Powell | Butler |
3/25/2024
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3/25/2024
| 2024-Ohio-1088 |
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State v. Johnson
| CA2023-10-112 | Appellant's no contest plea to one count of first-degree misdemeanor receiving stolen property was knowingly, intelligently, and voluntarily entered where the trial court properly advised appellant as to the effect of a no contest plea in accordance with Crim.R. 11(E) and the trial court's recitation of the facts satisfied the explanation-of-circumstances requirement set forth by R.C. 2937.07. | S. Powell | Butler |
3/25/2024
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3/25/2024
| 2024-Ohio-1089 |
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State v. Kyles
| CA2023-07-083 | The trial court did not err by denying a petition for postconviction relief filed pursuant to R.C. 2953.21(A)(1)(a)(i) without first holding a hearing where, although the trial court misapplied the doctrine of res judicata, the petition did not provide sufficient evidence to establish substantive grounds for relief that would have required the trial court hold a hearing on appellant's petition. | S. Powell | Butler |
3/18/2024
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3/18/2024
| 2024-Ohio-998 |
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State v. Davis
| CA2023-10-070 | Anders no error. | Per Curiam | Clermont |
3/18/2024
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3/18/2024
| 2024-Ohio-999 |
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Wagoner v. Wagoner
| CA2023-06-048, CA2023-11-101 | Mother appeals order denying contempt motion against Father and granting Father's motion to modify the shared parenting plan. Magistrate applied the correct standard in assessing whether a parent should be held in contempt for failing to facilitate the other parent's parenting time. Mother argued that court erred by failing to find a change of circumstance before modifying shared parenting plan. Change-of-circumstance finding only required for modifying the shared parenting decree and specifically with respect to a change in custodial parent. | Byrne | Warren |
3/18/2024
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3/18/2024
| 2024-Ohio-1000 |
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Mundy v. Centrome, Inc.
| CA2023-06-050 | The trial court erred by imposing sanctions under Civ.R. 37(C) where neither the trial court's findings nor the record evidence shows a violation of the Civ.R. 26(E) duty to supplement discovery responses. | S. Powell | Warren |
3/18/2024
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3/18/2024
| 2024-Ohio-1001 |
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Shamrock Restoration, L.L.C. v. Muncy
| CA2023-07-056 | Trial court did not err in granting summary judgment to a contractor where pro se property owner did not file a response to the contractor's motion for summary judgment. | M. Powell | Warren |
3/18/2024
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3/18/2024
| 2024-Ohio-1002 |
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State v. Agnew
| CA2023-05-054 | Appellant's convictions for assault were not against the manifest weight of the evidence where the state proved beyond a reasonable doubt that appellant did not act in self-defense when he sprayed pepper spray into the victims' faces. Appellant cannot provoke an assault or voluntarily enter an encounter and then claim a right of self-defense. | Piper | Butler |
3/11/2024
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3/11/2024
| 2024-Ohio-874 |
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Baker v. Bunker Hill Haven Home
| CA2023-08-095 | The trial court did not err in granting summary judgment to appellee, a group home for wayward boys, where appellant, the administrator of her late son's estate, failed to establish a genuine issue of material fact existed that could subject appellee to liability for negligent supervision under a theory of in loco parentis. | S. Powell | Butler |
3/11/2024
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3/11/2024
| 2024-Ohio-875 |
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Total Quality Logistics, L.L.C. v. All Pro Logistics, L.L.C.
| CA2022-11-078; CA2022-12-082 | Trial court erred by sua sponte dismissing the claims with prejudice. The opposing party in this case did not file a motion to dismiss or a motion for summary judgment. In addition, it is unclear whether the trial court dismissed the claims under the Civ.R. 12(B) standard of dismissal or granted summary judgment under the Civ.R. 56 standard. However, the trial court did not err in granting summary judgment in favor of logistics company where the record shows that it established a Carmack Amendment claim by virtue of an assignment of rights from its customer. | Piper | Clermont |
3/4/2024
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3/4/2024
| 2024-Ohio-772 |
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In re J.S.
| CA2023-01-006 | Mother appeals decision adjudicating newborn son dependent. Children service's agency submitted clear and convincing evidence of circumstances giving rise to a legitimate risk of harm to the son if left in Mother's care. Mother had an active children services case, history of drug abuse, lacked suitable housing, and had not resolved issues leading to her other children's removal. | Byrne | Clermont |
3/4/2024
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3/4/2024
| 2024-Ohio-773 |
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Lazor v. Souders
| CA2023-10-080 | Trial court did not err in issuing a civil stalking protection order against respondent; but trial court erred in imposing a firearm restriction for the duration of the order. | M. Powell | Warren |
3/4/2024
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3/4/2024
| 2024-Ohio-774 |
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State v. Crawford
| CA2023-04-022 | Trial court did not err in denying defendant's request for a self-defense jury instruction in a murder case. | M. Powell | Clermont |
2/26/2024
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2/26/2024
| 2024-Ohio-691 |
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In re Guardianship of LaRue
| CA2023-08-060 | Probate court failed to hold a hearing on guardian's final account as mandated by R.C. 2109.32, thereby depriving nursing home of the opportunity to file exceptions to the account pursuant to R.C. 2109.33. Reversed and remanded. | Piper | Clermont |
2/26/2024
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2/26/2024
| 2024-Ohio-692 |
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State v. Marshall
| CA2023-03-036 | Defendant convicted of multiple counts of rape appeals from his conviction. | Byrne | Butler |
2/26/2024
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2/26/2024
| 2024-Ohio-688 |
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State v. Casey
| CA2023-07-075 | Appellant's conviction of fourth-degree misdemeanor domestic violence in violation of R.C. 2919.25(C) was supported by sufficient evidence and not against the manifest weight of the evidence where the victim's testimony, if believed, was sufficient to establish all the essential elements of the crime. | S. Powell | Butler |
2/26/2024
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2/26/2024
| 2024-Ohio-689 |
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Sawyer v. Raney
| CA2023-07-079 | The domestic relations court did not err by dismissing appellant/cross-appellee's motion to modify spousal support where the domestic relations court's general reservation of jurisdiction over the issue was not done in accordance with R.C. 3105.18(E)(2), nor did the domestic relations court err by denying appellee/cross-appellant's motion for attorney fees where that decision did not constitute an abuse of discretion. | S. Powell | Butler |
2/26/2024
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2/26/2024
| 2024-Ohio-690 |
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State v. Sbarbati
| CA2023-07-076 | The trial court did not err by failing to consider and decide whether appellant had a present or future ability to pay a mandatory fine imposed pursuant to R.C. 2929.19(B)(1) where the trial court specifically stated it had done so within its judgment entry, nor did appellant receive ineffective assistance of counsel due to his trial counsel's failure to file an affidavit of indigency where the record did not support appellant's claim that there was a reasonable probability the trial court would have found him indigent and unable to pay that fine had his trial counsel filed the necessary affidavit. | S. Powell | Butler |
2/20/2024
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2/20/2024
| 2024-Ohio-622 |
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State v. Rush
| CA2023-09-062 | The trial court properly imposed postrelease control. | M. Powell | Clermont |
2/20/2024
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2/20/2024
| 2024-Ohio-620 |
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State v. James
| CA2022-12-091 | The trial court's decision that the state disproved beyond a reasonable doubt that appellant did not act in self-defense is not against the manifest weight of the evidence where the testimony at trial proved that appellant did not have a reasonable or honest belief that he was in imminent danger at the time he threatened the victim. Likewise, appellant's conviction for aggravated menacing is not against the manifest weight of the evidence where the testimony at trial established that appellant knew he would probably cause the victim to believe he would seriously harm her by ordering her to stay on the ground, after threatening to shoot her in the face, and continued to point a firearm in her direction. | Hendrickson | Clermont |
2/20/2024
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2/20/2024
| 2024-Ohio-621 |
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In re C.L.
| CA2023-03-004 | Father appeals from decision granting legal custody to maternal grandparents. Father alleged ineffective assistance of counsel but Father's arguments were entirely speculative. Father failed to demonstrate abuse of discretion in legal custody decision. Father failed to make progress on case plan despite having 17 months to do so following release from prison. | Byrne | Preble |
2/20/2024
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2/20/2024
| 2024-Ohio-616 |
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Petroni v. Petroni
| CA2023-01-003; CA2023-01-004 | Trial court did not err in denying Father's motion to modify his spousal and child support payments as his income did not substantially change. Trial court did not err by not finding Mother in contempt as Father failed to meet his burden of proof that she had interfered in his allotted parenting time. Trial court erred by finding Father was subject to a ten-day suspended jail sentence for a previous contempt sanction that had already been purged. Mother did not cross-appeal on basis that the trial court did not find Father engaged in frivolous conduct, therefore R.C. 2323.51 was inapplicable and Mother's claim for additional attorney's fees was waived. | M. Powell | Warren |
2/20/2024
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2/20/2024
| 2024-Ohio-615 |
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State v. Smith
| CA2023-05-041 | Defendant's conviction for sexual imposition was supported by the manifest weight of the evidence where testimony and video footage showed defendant repeatedly touched the victim on or about her breast as she backed away from defendant and until she used her own hand to remove defendant's hand, where defendant then used his backside to nudge the victim toward the wall, where the two were mere acquaintances, and where defendant exclaimed he owed the victim an apology after being confronted with security camera footage. Additionally, no prosecutorial misconduct occurred where the prosecutor's characterization of defendant's conduct was consistent with the victim's testimony or where the prosecutor's closing arguments, in their entirety, consistently asked the jury to also consider the surrounding circumstances of the case when determining defendant's guilt. | Piper | Warren |
2/12/2024
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2/12/2024
| 2024-Ohio-497 |
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State v. Buckley
| CA2023-08-008 | Appellant's pleas of no contest to single counts of aggravated vehicular homicide and aggravated vehicular assault were knowingly, intelligently, and voluntarily entered where the trial court complied with the requirements for accepting pleas of no contest set forth under Crim.R. 11(C). | S. Powell | Preble |
2/12/2024
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2/12/2024
| 2024-Ohio-499 |
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State v. Shaw
| CA2023-06-011 | Appellant's conviction for voyeurism was supported by sufficient evidence and was not against the manifest weight of the evidence where the state proved appellant, with the intent to view the private areas of another, hid a Ring camera in his bathroom and recorded the buttocks and pubic area of a home-health aide. The trial court complied with the dictates of Crim.R. 32(A) and afforded appellant the right to allocution at sentencing as appellant was personally addressed by the court and permitted to read a statement and present any evidence in support of mitigation of punishment. | Hendrickson | Fayette |
2/12/2024
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2/12/2024
| 2024-Ohio-506 |
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