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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Henderson v. Haverfield
| 21 HA 0005 | Award of attorney’s fees and expenses against counsel and party; American Rule; jurisdiction based on invocation of language used in statute plus court’s statement setting the matter for hearing; sua sponte; Civ.R. 11; R.C. 2323.51; Civ.R. 11 award against a represented party is an error of law; good faith argument for an extension of the law; relying on a dissent in a recent Supreme Court decision is not frivolous conduct warranting sanctions; adequate legal foundation to raise a claim; trial court not bound by other trial court decisions in the same district; denial of certiorari is not a decision on the merits. | Robb | Harrison |
6/24/2022
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6/27/2022
| 2022-Ohio-2194 |
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In re M.L.S.
| 21 HA 0010 | no abuse of discretion in modifying custody of two children from grandmother’s legal custody to father; changed circumstance and best interest factors not unreasonably weighed; evidence outside of the record cannot be considered. | Robb | Harrison |
6/24/2022
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6/27/2022
| 2022-Ohio-2195 |
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In re S.L.
| 22 JE 0006 | clear and convincing evidence child cannot be placed with parents within reasonable time and permanent custody to agency in child’s best interest; reasonable case planning and diligent efforts but repeatedly and continuously failed to substantially remedy issues, including parents’ drug use. | Robb | Jefferson |
6/24/2022
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6/27/2022
| 2022-Ohio-2196 |
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In re M.R.
| 22 HA 0003 | CIVIL – In a termination of parental rights case, the juvenile court does not abuse its discretion in awarding permanent custody of the minor child where parent had no significant contact with the child for at least four years due to a no contact order with the child in another jurisdiction; parent made no effort to vacate or modify the no contact order; her parental rights with the minor child’s sibling were terminated and she did failed to demonstrate by clear and convincing evidence her ability to care for for the minor child; and the Agency was in the best position to provide intense and comprehensive treatment to address the minor child’s severe mental health and behavioral issues. | D'Apolito | Harrison |
6/22/2022
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6/27/2022
| 2022-Ohio-2209 |
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Cincinnati Ins. Co. v. LOMC, L.L.C.
| 21 JE 0012 | App.R. 26; application for reconsideration; R.C. 3938.02; minimum contacts; forum non conveniens; obvious error. | Per Curiam | Jefferson |
6/21/2022
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6/28/2022
| 2022-Ohio-2216 |
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Smith v. Warden, Belmont Corr. Inst.
| 22 BE 0002 | Original action; habeas corpus; R.C. 2969.25; mandatory filing requirements; failure to include complete affidavit of prior actions; claim of unlawful arrest depriving trial court of jurisdiction not cognizable. | Per Curiam | Belmont |
6/21/2022
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6/28/2022
| 2022-Ohio-2217 |
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Rice v. Columbiana Cty. Bd Commrs.
| 20 CO 0031 | claim for negligent maintenance/repair of a sewer system; summary judgment; R.C. 2744.02; proprietary function; no political subdivision immunity; misrepresentation/promissory estoppel claim; no reliance on alleged promises | Donofrio | Columbiana |
6/17/2022
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6/21/2022
| 2022-Ohio-2078 |
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Stewart v. Pugh
| 21 BE 0014 | Civ.R. 12(C) motion for judgment on the pleadings; libel; slander; invasion of privacy; claims involved disciplinary matters covered by collective bargaining agreement; grievance procedure; subject matter jurisdiction; mayor sued in personal capacity | Donofrio | Belmont |
6/17/2022
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6/21/2022
| 2022-Ohio-2080 |
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Denman v. Carroll Cty. Dog Warden
| 21 CA 0951 | R.C. 955.11; dog designated as “dangerous dog” by dog warden; trial court’s finding of dangerous dog designation not against the manifest weight of the evidence | Donofrio | Carroll |
6/17/2022
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6/21/2022
| 2022-Ohio-2081 |
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State v. Callihan
| 21 NO 0485 | defendant took property stakes from neighbor’s property and cut a cord they ran inside the line to mark it; sufficient evidence of theft, criminal trespass, criminal mischief; jury verdict not contrary to the manifest weight of the evidence. | Robb | Noble |
6/17/2022
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6/21/2022
| 2022-Ohio-2082 |
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Perkins v. Petrilli
| 21 MA 0089 | affirming the rejection of contractor claim seeking balance due on construction project as it was not against manifest weight of the evidence; workmanlike performance; contractor essentially acknowledges there should be a reduction for defects even where there was substantial performance by contractor. | Robb | Mahoning |
6/16/2022
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6/16/2022
| 2022-Ohio-2029 |
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Favri v. Favri
| 22 CA 0955 | Trial courts are required to disburse a spouse's separate property to that spouse, except in certain circumstances; R.C. 3105.171(D); traceability of separate property or “the source of the funds rule” governs; commingling is no longer determinative; trial courts have broad discretion when determining property awards in divorce cases. | Robb | Carroll |
6/16/2022
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6/17/2022
| 2022-Ohio-2063 |
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State v. Hornbuckle
| 21 MA 0003 | consecutive sentence; R.C. 2929.11; R.C. 2929.12; R.C.2929.14(C); R.C. 2953.08; felony sentencing; sentence within statutory range; agreed-upon sentence set aside for violation of bond condition | Donofrio | Mahoning |
6/14/2022
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6/15/2022
| 2022-Ohio-2025 |
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U.S. Bank Natl. Assn. v. Smith
| 20 MA 0061 | App.R. 25(A); untimely motion to certify a conflict; App.R. 26. | Per Curiam | Mahoning |
6/14/2022
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6/21/2022
| 2022-Ohio-2079 |
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Blon v. Royal Flush, Inc.
| 21 BE 0037 | court lacked personal jurisdiction and should have granted motion to vacate default judgment as defendants no longer resided or conducted business at addresses served. | Robb | Belmont |
6/10/2022
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6/10/2022
| 2022-Ohio-1958 |
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State v. Lanier
| 21 BE 0030 | possession of drugs; trafficking in drugs; guilty plea; court failed to strictly comply with Crim.R. 11(C)(2); court failed to advise of waiver of right to jury trial | Donofrio | Belmont |
6/10/2022
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6/15/2022
| 2022-Ohio-2024 |
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State v. Bugno
| 20 MA 0030 | CRIMINAL LAW – compelling prostitution; pandering obscenity involving a minor; trial by jury; 17 years in prison; Tier II Sex Offender or Child-Victim Offender; motion to suppress; Fourth Amendment; search warrants; incorporation of other documents, including affidavits; affidavit of special agent incorporated into the warrant by reference; although the warrant alone does not contain a command to seize any specific property, the affidavit attached to the warrant does state with particularity the property to be seized; Crim.R. 14; joinder; the evidence was admissible relative to both groups of charges; no prosecutorial misconduct regarding pre-arrest silence during trial or closing arguments; Evid.R. 401; relevant evidence; because the evidence regarding pills was admissible, the trial court did not abuse its discretion in allowing the relevant testimony; there is sufficient evidence upon which the jury could reasonably conclude beyond a reasonable doubt that the elements of pandering obscenity involving a minor were proven; the trial court did not err in overruling Appellant’s Crim.R. 29 motion; the jury chose to believe the State’s witnesses; the jury did not clearly lose its way in finding Appellant guilty of compelling prostitution and pandering obscenity involving a minor; judgment affirmed. | D'Apolito | Mahoning |
6/9/2022
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6/13/2022
| 2022-Ohio-2008 |
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Allstate Ins., Co. v. Wilburn
| 21 MA 0079 | motion to vacate default judgment; claim for subrogation; residence service perfected in accordance with Civ.R. 4.1(C); defendant requested court cancel hearing | Donofrio | Mahoning |
6/9/2022
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6/15/2022
| 2022-Ohio-2026 |
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State v. Tylke
| 21 HA 0006 | CRIMINAL - Failure to raise alleged speedy trial violation before trial court constitutes waiver of the issue on appeal. The trial court’s announcement of its verdict for the first time at sentencing following a bench trial does not result in violation of right to trial. Evidence in the record of prior conviction is sufficient to sustain enhancement based on prior conviction. Testimony regarding physical and mental manifestations of intoxication are sufficient to survive sufficiency and manifest weight challenges to OVI conviction. Expert testimony regarding nexus between substances and Appellant’s intoxication is not required where Appellant’s concedes to ingesting combination of alcohol, marijuana, and commonly-known drug. Appellant waives disproportional sentence argument if not raised before the trial court. | D'Apolito | Harrison |
6/7/2022
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6/13/2022
| 2022-Ohio-2010 |
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State v. Colon
| 21 CO 0012 | CRIMINAL LAW – aggravated menacing; R.C. 2903.21(A); misdemeanor of the first degree; trial by jury; sentenced to 180 days in jail; there is sufficient evidence upon which the jury could reasonably conclude beyond a reasonable doubt that the elements of aggravated menacing were proven; R.C. 2901.22(B); R.C. 2901.01(A)(5)(b); the trial court did not err in overruling Appellant’s Crim.R. 29 motion; the jury chose to believe the State’s witnesses; the jury did not clearly lose its way in finding Appellant guilty of aggravated menacing; judgment affirmed. | D'Apolito | Columbiana |
6/6/2022
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6/13/2022
| 2022-Ohio-2009 |
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State v. Brown
| 21 BE 0012 | REOPENING – App.R. 26(B); ineffective assistance of appellate counsel; timely filed pro se application; App.R. 26(B)(1) and (2)(b); Appellant fails to meet the standard for reopening this appeal pursuant to Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052 (1984); Appellant fails to provide any analysis to support his assignments of error concerning his sentence; R.C. 2953.08(G); R.C. 2929.11; R.C. 2929.12; R.C. 2929.13; R.C. 2929.14; maximum sentence; consecutive sentence; allied offenses; the trial court sentenced Appellant within the authorized statutory ranges; Appellant’s consecutive sentence is not contrary to law; Appellant fails to establish that he was denied the effective assistance of counsel on appeal; application denied. | Per Curiam | Belmont |
5/31/2022
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6/7/2022
| 2022-Ohio-1917 |
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Myers v. Gray
| 21 BE 0021 | CIVIL – Civ.R. 12(B)(6); pro se petition for a writ of habeas corpus; Appellant takes issue with his sentence, specifically jail-time credit; R.C. 2725.01; R.C. 2725.05, “Writ not allowed”; Appellant’s claim was already presented in a petition to the trial court that sentenced him; the substantive merits of Appellant’s claim have already been ruled upon by a trial court with appropriate subject matter jurisdiction; that decision was reviewed and affirmed by a court of appeals; Appellant has failed to meet his burden of demonstrating error through the record and his claim fails on the merits; in addition, Appellant’s same sentencing claim regarding jail-time credit in the current appeal is barred under the doctrine of res judicata; no error in denying the petition; judgment affirmed. | D'Apolito | Belmont |
5/31/2022
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6/7/2022
| 2022-Ohio-1918 |
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Whitehead v. Warden, Belmont Corr. Inst.
| 22 BE 0003 | original action; habeas corpus; R.C. 2969.25; mandatory filing requirements; failure to include complete affidavit of prior actions | Per Curiam | Belmont |
5/16/2022
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5/17/2022
| 2022-Ohio-1643 |
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State v. Hackathorn
| 21 BE 0013 | possession of heroin; guilty plea knowingly, voluntarily, and intelligently entered; Crim.R. 11(C); waiver of right to appeal motion to suppress; probable cause in affidavit for search warrant; trial counsel not ineffective | Donofrio | Belmont |
5/12/2022
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5/13/2022
| 2022-Ohio-1612 |
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Harris v. Hilderbrand
| 21 JE 0013 | K-9 Officer is entitled to sovereign immunity on the negligence claim; Officer was acting in the course of his official responsibilities when the dog bit the guest; Strict liability dog bite statute, R.C. 955.28, does not expressly impose civil liability on a political subdivision or an employee of a political subdivision. | Robb | Jefferson |
5/9/2022
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5/9/2022
| 2022-Ohio-1555 |
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Givens v. Klug
| 21 BE 0025 | CIVIL – Failure to provide a transcript of a hearing on a civil protection stalking order or an affidavit in lieu of the transcript forecloses appellate review | D'Apolito | Belmont |
5/6/2022
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5/10/2022
| 2022-Ohio-1561 |
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Givens v. Klug
| 21 BE 0026 | CIVIL – Failure to provide a transcript of a hearing on a civil protection stalking order or an affidavit in lieu of the transcript forecloses appellate review | D'Apolito | Belmont |
5/6/2022
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5/10/2022
| 2022-Ohio-1562 |
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State v. Thompkins
| 21 CO 0024 & 21 CO 0025 | CRIMINAL LAW – breaking and entering; trespass in a habitation; guilty pleas; 18-month total consecutive prison sentence in both cases, Case Nos. 2020 CR 148 and 2020 CR 206; the trial court did not abuse its discretion in denying Appellant’s pre-sentence motion to withdraw his guilty plea in Case No. 2020 CR 148; all factors overwhelmingly weigh in favor of the State; the trial court made the appropriate statutory findings under R.C. 2929.14(C)(4) at the sentencing hearing and in its sentencing entries; Appellant’s consecutive sentence is not contrary to law; affirmed. | D'Apolito | Columbiana |
5/5/2022
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5/10/2022
| 2022-Ohio-1563 |
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State v. Goings
| 21 JE 0008 | CRIMINAL - Waiver of indictment is invalid where trial court provides inaccurate definition of “probable cause.” | D'Apolito | Jefferson |
5/5/2022
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5/10/2022
| 2022-Ohio-1564 |
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State v. Bishop
| 21 JE 0018 & 21 JE 0019 | jail-time credit; held in another state; appellant brought to trial within speedy trial time; R,C, 2945.72(A) | Donofrio | Jefferson |
5/5/2022
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5/10/2022
| 2022-Ohio-1565 |
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State v. Moneypenny
| 21 BE 0018 | motion to vacate guilty plea to charge of rape; Crim.R. 32.1; State v. Fish, 104 Ohio App.3d 236, 240, 661 N.E.2d 788 (1st Dist.1995); Fish factors weighed heavily against granting motion to vacate guilty plea | Donofrio | Belmont |
5/5/2022
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5/10/2022
| 2022-Ohio-1560 |
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State v. Donlow
| 21 MA 0046 | court admitted attempted murder victim’s statements under forfeiture by wrongdoing hearsay exception after witness refused to testify while on the stand; proof witness’s unavailability was caused by Appellant’s wrongdoing; court need not recall witness during the admissibility hearing to confirm what he told prosecutors about refusal to testify. | Robb | Mahoning |
5/5/2022
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5/5/2022
| 2022-Ohio-1518 |
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State v. Dyer
| 21 MA 0072 | no credit for time served in prison on other prior offense as he was not confined for reason arising out of current offense. | Robb | Mahoning |
5/5/2022
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5/5/2022
| 2022-Ohio-1519 |
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Admin Net Tech, L.L.C. v. Albert M. Bleggi, MD, L.L.C.
| 21 MA 0082 | CIVIL – Civ.R. 12(B)(6); motions to dismiss for failure to state a claim; procedural requirements; the trial court considered materials outside the complaint without converting the motions to dismiss to motions for summary judgment; the court erred in dismissing this case; reversed, vacated, and remanded. | D'Apolito | Mahoning |
5/3/2022
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5/10/2022
| 2022-Ohio-1566 |
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State ex rel. Fleagane v. Vavra
| 21 BE 0016 | Original action; procedendo; alleged trial court delay in ruling upon application to confirm arbitrator’s decision; action rendered moot when Respondent ruled upon Relator’s pending application following Relator’s seeking a writ of procedendo. | Per Curiam | Belmont |
4/18/2022
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5/2/2022
| 2022-Ohio-1453 |
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Stadler v. Gatchell
| 20 MO 0010 | overruling Gulfport’s argument that it should not be required to pay the signing bonus and royalties corresponding to the Gatchell reservation; trial court did not err in finding reservation was abandoned under the Dormant Mineral Act as Gulfport’s production was not a savings event; Gulfport was not the holder at the relevant time; parties cited language saying signing bonus was payable per acre the lessor owns and payments can be withheld until any adverse claim of ownership is resolved; Gulfport never argued the ownership must exist within 90 days of the execution of the lease; cross-appellants are concerned the summary judgment as to Gulfport and the surface owner could be read as conflicting with the prior order enforcing settlement between the surface owner and cross-appellants, but these judgments must be together as there is no indication the court was reconsidering its judgment enforcing settlement (which included order to record the judgment). | Robb | Monroe |
4/15/2022
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4/21/2022
| 2022-Ohio-1325 |
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Mill Creek Metro. Dist. Bd. of Commrs. v. Less
| 20MA0074 & 20MA0082 | appropriation; summary judgment; private property; R.C. 1545.11; R.C. 163.04; R.C. 163.041; park district; bikeway; recreational trail; eminent domain | Smith | Mahoning |
4/14/2022
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4/19/2022
| 2022-Ohio-1289 |
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Ullman v. Whitacre Ents., Inc.
| 19 MO 0025; 19 MO 0026 | App.R. 26(A); mere disagreement with the logic employed by the court is not grounds for an application to reconsideration. | Per Curiam | Monroe |
4/4/2022
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5/2/2022
| 2022-Ohio-1447 |
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4 Quarters, L.L.C. v. Hunter
| 20 BE 0035 | App.R. 26; application to reconsider. | Per Curiam | Belmont |
4/4/2022
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5/2/2022
| 2022-Ohio-1448 |
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U.S. Bank Natl. Assn. v. Smith
| 20 MA 0061 | App.R. 26; motion for reconsideration. | Per Curiam | Mahoning |
3/31/2022
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5/2/2022
| 2022-Ohio-1450 |
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State v. Wallace
| 19 MA 0093 | App.R. 26; remand to correct omission of life tail; nunc pro tunc. | Per Curiam | Mahoning |
3/31/2022
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5/2/2022
| 2022-Ohio-1446 |
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KSMAC Holdings, Ltd. v. Ice Zone Realty, Ltd.
| 21 MA 0001 | Breach of contract; fixture; ambiguous contract language; extrinsic evidence; summary judgment; conversion; fraud. | Waite | Mahoning |
3/31/2022
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5/2/2022
| 2022-Ohio-1456 |
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State v. Jackson
| 21 CO 0010 | bond forfeiture; hearing to show cause required; order denying remission reversed; R.C. 2937.36; R.C. 2937.39 | Donofrio | Columbiana |
3/31/2022
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4/20/2022
| 2022-Ohio-1306 |
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Tabak v. Goodman
| 21 MA 0042 | civil stalking protection order; manifest weight of the evidence; presumption in favor of judgment; menacing by stalking; mental distress; credibility determination; conflicting evidence. | Robb | Mahoning |
3/31/2022
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4/1/2022
| 2022-Ohio-1123 |
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Wildcat Drilling, L.L.C. v. Discovery Oil & Gas, L.L.C.
| 21 MA 0070 | remand to trial court from Supreme Court to determine if contract contains clear intent to abrogate the common law requirements for indemnification such as pre-settlement notice; if there is no clear intent to do so, then there is no right to indemnification where settlement notice was not timely provided to indemnitor; remand did not permit trial court to reconsider our decision finding notice was not properly provided; intervening decision exception to law of the case doctrine did not apply; cannot raise contract dispute with other party on remand. | Robb | Mahoning |
3/31/2022
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4/1/2022
| 2022-Ohio-1125 |
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State v. Faiola
| 21 MA 0094 | upholding sentence where defendant appealed failure to impose community control when sentencing on felony to run concurrent with misdemeanor. | Robb | Mahoning |
3/31/2022
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4/1/2022
| 2022-Ohio-1126 |
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Dyer v. Gomez
| 21 NO 0484 | affirming denial of father’s 2019 motion to modify parental rights and responsibilities; weighing of best interest in trial court’s discretion; prior divorce and custody granted by same Ohio court, which properly exercised jurisdiction over modification motion where mother still lived in Ohio; delay caused by father; father was not denied right to redress his motion for contempt against mother; because trial court granted father’s 2021 motion for custody of the son, we remand to consider termination of child support and related matters. | Robb | Noble |
3/31/2022
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4/1/2022
| 2022-Ohio-1127 |
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Bridge Health Care Partners, L.L.C. v. LTAH Real Estate Holdings, L.L.C.
| 21 JE 0010 | Rule 12(b)(6); Standing; Rule 17(A); Injury fairly traceable to wrongdoing; affirmative defenses; foreclosure; Issues raised for first time in response to motion to dismiss | Donofrio | Jefferson |
3/31/2022
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3/31/2022
| 2022-Ohio-1053 |
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Bates v. Bates
| 21 NO 0482 | Summary judgment; Deed interpretation; clear and unambiguous deed language; four corners; deed reservation; life estate; multiple grantor conveyance and reservation; latent ambiguity doctrine; estoppel by deed | Donofrio | Noble |
3/31/2022
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3/31/2022
| 2022-Ohio-1055 |
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Galavich v. Hales
| 21 BE 0033 | Express trust created; Letter showed intent, named beneficiary, and property; Judicial estoppel forecloses collection under trust because did not inform the bankruptcy court property was being held for his benefit, i.e. the trust, instead stated disinherited. | Robb | Belmont |
3/31/2022
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4/1/2022
| 2022-Ohio-1121 |
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