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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Henderson v. Haverfield 21 HA 0005Award 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.RobbHarrison 6/24/2022 6/27/2022 2022-Ohio-2194
In re M.L.S. 21 HA 0010no 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.RobbHarrison 6/24/2022 6/27/2022 2022-Ohio-2195
In re S.L. 22 JE 0006clear 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.RobbJefferson 6/24/2022 6/27/2022 2022-Ohio-2196
In re M.R. 22 HA 0003CIVIL – 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'ApolitoHarrison 6/22/2022 6/27/2022 2022-Ohio-2209
Cincinnati Ins. Co. v. LOMC, L.L.C. 21 JE 0012App.R. 26; application for reconsideration; R.C. 3938.02; minimum contacts; forum non conveniens; obvious error.Per CuriamJefferson 6/21/2022 6/28/2022 2022-Ohio-2216
Smith v. Warden, Belmont Corr. Inst. 22 BE 0002Original 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 CuriamBelmont 6/21/2022 6/28/2022 2022-Ohio-2217
Rice v. Columbiana Cty. Bd Commrs. 20 CO 0031claim 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 promisesDonofrioColumbiana 6/17/2022 6/21/2022 2022-Ohio-2078
Stewart v. Pugh 21 BE 0014Civ.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 capacityDonofrioBelmont 6/17/2022 6/21/2022 2022-Ohio-2080
Denman v. Carroll Cty. Dog Warden 21 CA 0951R.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 evidenceDonofrioCarroll 6/17/2022 6/21/2022 2022-Ohio-2081
State v. Callihan 21 NO 0485defendant 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.RobbNoble 6/17/2022 6/21/2022 2022-Ohio-2082
Perkins v. Petrilli 21 MA 0089affirming 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.RobbMahoning 6/16/2022 6/16/2022 2022-Ohio-2029
Favri v. Favri 22 CA 0955Trial 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.RobbCarroll 6/16/2022 6/17/2022 2022-Ohio-2063
State v. Hornbuckle 21 MA 0003consecutive 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 conditionDonofrioMahoning 6/14/2022 6/15/2022 2022-Ohio-2025
U.S. Bank Natl. Assn. v. Smith 20 MA 0061App.R. 25(A); untimely motion to certify a conflict; App.R. 26.Per CuriamMahoning 6/14/2022 6/21/2022 2022-Ohio-2079
Blon v. Royal Flush, Inc. 21 BE 0037court lacked personal jurisdiction and should have granted motion to vacate default judgment as defendants no longer resided or conducted business at addresses served.RobbBelmont 6/10/2022 6/10/2022 2022-Ohio-1958
State v. Lanier 21 BE 0030possession 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 trialDonofrioBelmont 6/10/2022 6/15/2022 2022-Ohio-2024
State v. Bugno 20 MA 0030CRIMINAL 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'ApolitoMahoning 6/9/2022 6/13/2022 2022-Ohio-2008
Allstate Ins., Co. v. Wilburn 21 MA 0079motion to vacate default judgment; claim for subrogation; residence service perfected in accordance with Civ.R. 4.1(C); defendant requested court cancel hearingDonofrioMahoning 6/9/2022 6/15/2022 2022-Ohio-2026
State v. Tylke 21 HA 0006CRIMINAL - 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'ApolitoHarrison 6/7/2022 6/13/2022 2022-Ohio-2010
State v. Colon 21 CO 0012CRIMINAL 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'ApolitoColumbiana 6/6/2022 6/13/2022 2022-Ohio-2009
State v. Brown 21 BE 0012REOPENING – 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 CuriamBelmont 5/31/2022 6/7/2022 2022-Ohio-1917
Myers v. Gray 21 BE 0021CIVIL – 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'ApolitoBelmont 5/31/2022 6/7/2022 2022-Ohio-1918
Whitehead v. Warden, Belmont Corr. Inst. 22 BE 0003original action; habeas corpus; R.C. 2969.25; mandatory filing requirements; failure to include complete affidavit of prior actionsPer CuriamBelmont 5/16/2022 5/17/2022 2022-Ohio-1643
State v. Hackathorn 21 BE 0013possession 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 ineffectiveDonofrioBelmont 5/12/2022 5/13/2022 2022-Ohio-1612
Harris v. Hilderbrand 21 JE 0013K-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.RobbJefferson 5/9/2022 5/9/2022 2022-Ohio-1555
Givens v. Klug 21 BE 0025CIVIL – Failure to provide a transcript of a hearing on a civil protection stalking order or an affidavit in lieu of the transcript forecloses appellate reviewD'ApolitoBelmont 5/6/2022 5/10/2022 2022-Ohio-1561
Givens v. Klug 21 BE 0026CIVIL – Failure to provide a transcript of a hearing on a civil protection stalking order or an affidavit in lieu of the transcript forecloses appellate reviewD'ApolitoBelmont 5/6/2022 5/10/2022 2022-Ohio-1562
State v. Thompkins 21 CO 0024 & 21 CO 0025CRIMINAL 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'ApolitoColumbiana 5/5/2022 5/10/2022 2022-Ohio-1563
State v. Goings 21 JE 0008CRIMINAL - Waiver of indictment is invalid where trial court provides inaccurate definition of “probable cause.”D'ApolitoJefferson 5/5/2022 5/10/2022 2022-Ohio-1564
State v. Bishop 21 JE 0018 & 21 JE 0019jail-time credit; held in another state; appellant brought to trial within speedy trial time; R,C, 2945.72(A)DonofrioJefferson 5/5/2022 5/10/2022 2022-Ohio-1565
State v. Moneypenny 21 BE 0018motion 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 pleaDonofrioBelmont 5/5/2022 5/10/2022 2022-Ohio-1560
State v. Donlow 21 MA 0046court 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.RobbMahoning 5/5/2022 5/5/2022 2022-Ohio-1518
State v. Dyer 21 MA 0072no credit for time served in prison on other prior offense as he was not confined for reason arising out of current offense.RobbMahoning 5/5/2022 5/5/2022 2022-Ohio-1519
Admin Net Tech, L.L.C. v. Albert M. Bleggi, MD, L.L.C. 21 MA 0082CIVIL – 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'ApolitoMahoning 5/3/2022 5/10/2022 2022-Ohio-1566
State ex rel. Fleagane v. Vavra 21 BE 0016Original 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 CuriamBelmont 4/18/2022 5/2/2022 2022-Ohio-1453
Stadler v. Gatchell 20 MO 0010overruling 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).RobbMonroe 4/15/2022 4/21/2022 2022-Ohio-1325
Mill Creek Metro. Dist. Bd. of Commrs. v. Less 20MA0074 & 20MA0082appropriation; summary judgment; private property; R.C. 1545.11; R.C. 163.04; R.C. 163.041; park district; bikeway; recreational trail; eminent domainSmithMahoning 4/14/2022 4/19/2022 2022-Ohio-1289
Ullman v. Whitacre Ents., Inc. 19 MO 0025; 19 MO 0026App.R. 26(A); mere disagreement with the logic employed by the court is not grounds for an application to reconsideration.Per CuriamMonroe 4/4/2022 5/2/2022 2022-Ohio-1447
4 Quarters, L.L.C. v. Hunter 20 BE 0035App.R. 26; application to reconsider.Per CuriamBelmont 4/4/2022 5/2/2022 2022-Ohio-1448
U.S. Bank Natl. Assn. v. Smith 20 MA 0061App.R. 26; motion for reconsideration.Per CuriamMahoning 3/31/2022 5/2/2022 2022-Ohio-1450
State v. Wallace 19 MA 0093App.R. 26; remand to correct omission of life tail; nunc pro tunc.Per CuriamMahoning 3/31/2022 5/2/2022 2022-Ohio-1446
KSMAC Holdings, Ltd. v. Ice Zone Realty, Ltd. 21 MA 0001Breach of contract; fixture; ambiguous contract language; extrinsic evidence; summary judgment; conversion; fraud.WaiteMahoning 3/31/2022 5/2/2022 2022-Ohio-1456
State v. Jackson 21 CO 0010bond forfeiture; hearing to show cause required; order denying remission reversed; R.C. 2937.36; R.C. 2937.39DonofrioColumbiana 3/31/2022 4/20/2022 2022-Ohio-1306
Tabak v. Goodman 21 MA 0042civil stalking protection order; manifest weight of the evidence; presumption in favor of judgment; menacing by stalking; mental distress; credibility determination; conflicting evidence.RobbMahoning 3/31/2022 4/1/2022 2022-Ohio-1123
Wildcat Drilling, L.L.C. v. Discovery Oil & Gas, L.L.C. 21 MA 0070remand 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.RobbMahoning 3/31/2022 4/1/2022 2022-Ohio-1125
State v. Faiola 21 MA 0094upholding sentence where defendant appealed failure to impose community control when sentencing on felony to run concurrent with misdemeanor.RobbMahoning 3/31/2022 4/1/2022 2022-Ohio-1126
Dyer v. Gomez 21 NO 0484affirming 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.RobbNoble 3/31/2022 4/1/2022 2022-Ohio-1127
Bridge Health Care Partners, L.L.C. v. LTAH Real Estate Holdings, L.L.C. 21 JE 0010Rule 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 dismissDonofrioJefferson 3/31/2022 3/31/2022 2022-Ohio-1053
Bates v. Bates 21 NO 0482Summary judgment; Deed interpretation; clear and unambiguous deed language; four corners; deed reservation; life estate; multiple grantor conveyance and reservation; latent ambiguity doctrine; estoppel by deedDonofrioNoble 3/31/2022 3/31/2022 2022-Ohio-1055
Galavich v. Hales 21 BE 0033Express 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.RobbBelmont 3/31/2022 4/1/2022 2022-Ohio-1121
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