652 results for 'court:"Ohio Court Of Appeals"'.
J. Robb finds the trial court erroneously granted the homebuilder's motion for summary judgment on the contract claim filed by the homeowners related to the parties' construction contract. It failed to conduct an analysis of the owners' argument the builder was not entitled to further draws on their loan because it failed to complete certain trim work required under the agreement. Therefore, the case must be remanded to allow for a factual analysis to determine if the builder breached the construction contract, which would have allowed the owners to withhold payment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: April 17, 2024, Case #: 2024-Ohio-1464, Categories: Construction, Consumer Law, Contract
J. Stevenson finds the trial court properly allowed the wife to present expert testimony about the husband's earning capabilities. His specialized job in the private energy sector involved skills and work outside the scope of understanding for a layperson, while the husband was also able to fully cross-examine the expert witness. However, because the court failed to include spousal support as part of the wife's income during its calculation of child support, the case must be remanded to allow for a proper calculation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Stevenson, Filed On: April 17, 2024, Case #: 2024-Ohio-1456, Categories: Evidence, Family Law, Experts
J. Hanni finds the trial court erroneously granted the landowners' motion for partial summary judgment. This court's previous remand order required the owners prove damages stemming from the natural gas company's failure to follow certain title notice procedures - a burden they failed to meet. Reversed.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: April 16, 2024, Case #: 2024-Ohio-1436, Categories: Evidence, Property, Real Estate
Per curiam, the court of appeals finds the administrative employees are not entitled to a writ of mandamus to invalidate the policy that led to their terminations. Although the school board's policy did not contain a "detailed list of criteria," it met statutory requirements and was justified in light of budgetary constraints faced by the district.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: April 11, 2024, Case #: 2024-Ohio-1542, Categories: Civil Procedure, Education, Employment
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J. Abele finds the trial court properly denied defendant's motion to suppress in his guilty-plea case to trafficking in cocaine. His failure to use headlights at night gave the arresting officer probable cause to initiate a traffic stop, while his story he intended to stay in West Virginia for several days - one contradicted by his rental car agreement, which required the return of the vehicle to Chicago the following day - was enough to establish probable cause for a search with the officer's canine unit. Although the "field test" weight of the cocaine found in defendant's vehicle differed from that established by subsequent lab tests, the trial court properly admitted the cocaine into evidence because the prosecution established a proper chain of custody and the weight discrepancy was addressed by an expert witness at trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 10, 2024, Case #: 2024-Ohio-1460, Categories: Drug Offender, Evidence, Search
J. Edelstein finds the trial court's finding of financial misconduct on the part of the husband was unsupported by the evidence. Although he undoubtedly used the majority of his retirement assets to fund the startup of an ultimately failing business, the wife was aware of his conduct, agreed to refinance the couple's mortgage well after the business had failed and knew the assets were liquidated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: April 9, 2024, Case #: 2024-Ohio-1339, Categories: Evidence, Family Law
J. Zimmerman finds defendant's due process rights were not violated when the trial court failed to record in-chambers discussions held with both parties. He offers only speculative arguments as to why the contents of these discussions would benefit him or prove prejudice. Meanwhile, although a portion of lab tests were inconclusive as to whether the substance trafficked by defendant was cocaine, testimony from the confidential informant and defendant's own assertion during the drug sale the substance was cocaine was sufficient for the jury to convict him of drug trafficking. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: April 9, 2024, Case #: 2024-Ohio-1333, Categories: Drug Offender, Evidence, Due Process
J. Miller finds defendant's attorney did not provide ineffective assistance of counsel when she suggested he take a plea deal. Although she told him the county of the trial court was predominantly white and that a jury could include biased members, such communications did not represent coercion or prevent defendant from making an informed decision about how to proceed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: 2024-Ohio-1334, Categories: Ineffective Assistance, Assault, Plea
J. Trapp finds the trial court properly denied the Ohio residents' motion to vacate a default judgment obtained against them by the Florida resident in Florida state court. The Florida court had already denied a similar motion; therefore, the Ohio court motion constituted an impermissible collateral attack. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: April 9, 2024, Case #: 2024-Ohio-1340, Categories: Jurisdiction, Contract
J. Wilkin finds the trial court erroneously granted the employer's motion for summary judgment on the contract claim filed by the superintendent. Language in his contract requires he be paid accrued sick leave at the time of his retirement. However, there is limiting language in the contract that caps the payout at 30 days, and so the case will be remanded to allow the court to determine the proper amount of compensation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 8, 2024, Case #: 2024-Ohio-1434, Categories: Employment, Contract
J. Byrne finds the state presented sufficient evidence to disprove defendant's theory of self-defense and convict him of assault and attempted murder, including testimony from various witnesses who heard him say he would "shoot it out" with police to avoid going back to prison, as well as the 28-mile car chase that ensued before defendant barricaded himself inside his vehicle and shot police officers and their canine unit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: April 8, 2024, Case #: 2024-Ohio-1315, Categories: Evidence, Assault, Self Defense
J. Hoffman finds the lower court properly allocated a larger portion of the couple's credit card debt to the wife because she was in exclusive control of the card following the couple's separation and failed to provide any evidence regarding the source of the debt already on the card at the time of the separation. Meanwhile, testimony the wife claimed all three children as dependents on a separate tax return despite being ordered not to do so was sufficient to establish financial misconduct and allowed the court to deny her request for spousal support. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: April 5, 2024, Case #: 2024-Ohio-1328, Categories: Evidence, Family Law
J. Gallagher finds that the trial court improperly dismissed this specific performance dispute brought by a lessor trying to purchase the leased property against a property company. The lessor argues the trial court erred based on the doctrine of lis alibi pendens when dismissing the complaint after the property company filed the motion for lack of subject-matter jurisdiction. This appeal had reasonable grounds for being filed. Therefore, the assignment of error is sustained, and this case is remanded for further proceedings. The lessor may recover the costs taxed and a special mandate is issued to the Cuyahoga County Court of Common Pleas to execute this judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 4, 2024, Case #: 2024-Ohio-1284, Categories: Property, Jurisdiction, Contract
J. Forbes finds the trial court properly terminated the mother and father’s parental rights and granted permanent custody of the child to family services in the best interest of the children. The mother and father completed the case plan services but demonstrated that they did not benefit from the services as they continued their relationship and two more domestic violence incidents happened within a month. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: April 4, 2024, Case #: 2024-Ohio-1283, Categories: Family Law, Guardianship
J. Zayas finds the trial court properly denied a citizen’s motion to suppress his statements made to the police officer regarding his engagement in prostitution. The citizen argues the trial court erred by not reading his Miranda rights and he was subjected to a custodial interrogation because he is not fluent in English. He voluntarily spoke to the police officer in a brief questioning and was not subjected to compelling pressures. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: April 3, 2024, Case #: 2024-Ohio-1257, Categories: Evidence, Prostitution, Due Process
J. Bock finds the trial court properly denied a doctor and his employer’s request for judgment and motion for credit in this medical malpractice lawsuit. The doctor and his employers argue that the trial court erred in awarding the family prejudgment interest, but did not object to the holding of a prejudgment interest hearing, nor did they respond. The assignments of error are overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: April 3, 2024, Case #: 2024-Ohio-1258, Categories: Enforcement Of Judgments, Medical Malpractice
J. Abele finds defendant's decision to leave loaded weapons in an unlocked gun cabinet was undoubtedly a contributing factor in the death of the victim in an accidental shooting during a sleepover and, therefore, satisfied the necessary elements for the jury to convict him of involuntary manslaughter. Although defendant may not have intended his children or the victim to retrieve the guns, it was not out of the "realm of possibility" or an unforeseeable consequence of his decision to leave the cabinet unlocked. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1330, Categories: Evidence, Manslaughter, Child Victims
[Consolidated.] J. Abele finds the trial court properly granted permanent custody of the children to family services. Although the parents have a bond with their children and clearly love them, they failed to remedy substance abuse issues and continued to test positive for controlled substances after the children were first removed from their custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1332, Categories: Evidence, Family Law
J. Williamowski finds the trial court properly granted residential parent status to the father with shared visitation at the mother’s home. The mother argues that since she was not named as the residential parent, her and the child have not been reunified. However, neither party filed a shared parenting plain resulting in the trial court lacking the authority to make another discission. Affirmed.
Court: Ohio Court Of Appeals, Judge: Willamowksi, Filed On: April 1, 2024, Case #: 2024-Ohio-1243, Categories: Family Law
J. Mayle finds that the county court correctly denied a motion for two incidents to be tried separately, one involving a robbery and murder and one involving the discharge of a weapon. The judge finds that sufficient evidence exists to join the incidents. However, the court incorrectly imposed the cost of confinement and council on appellant and the judge ruled that the state and the appellant shall share in those costs. Affirmed in part and reversed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 29, 2024, Case #: 2024-Ohio-1178, Categories: Firearms, Robbery, Attorney Fees
J. Hoffman finds that the trial court did not properly include a mortgage on a property when dividing the proceeds of a foreclosure sale, noting that the record clearly indicates that the lender has a mortgage on the property. The judge finds that the trial court did properly reference rental income assignments and properly fulfilled other procedural duties related to the foreclosure sale. Reversed in part. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 29, 2024, Case #: 2024-Ohio-1184, Categories: Civil Procedure, Property
J. Gallagher finds defendant fails to show he received ineffective assistance during his firearm possession case. The lack of binding precedent at the time of defendant's conviction as to whether the Second Amendment allows convicted felons to possess firearms renders his conviction for possession of a firearm constitutional, while the Supreme Court's decision in Bruen only altered the analysis framework for future Second Amendment cases. Therefore, defendant's attorney was not required to raise the argument before the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 28, 2024, Case #: 2024-Ohio-1163, Categories: Constitution, Firearms, Ineffective Assistance
J. Sheehan finds the lower court properly granted permanent custody of the child to family services. The agency made significant efforts to find a family member willing to care for the child on a permanent basis, but by the time a suitable relative was found, the child had been in a supportive foster home for more than two years, and it was in her best interest to remain there. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: March 28, 2024, Case #: 2024-Ohio-1164, Categories: Evidence, Family Law
J. Waite finds defendant was not deprived of a fair trial on a murder charge based on the lack of a black individual on the jury panel. The process used to select the pool was entirely random and involved sending 500 summons to residents without any knowledge of their race, while no prospective juror was dismissed because of their race. Meanwhile, the trial court properly allowed two witnesses to testify about injuries to the victim consistent with domestic violence because defendant's claim the injuries were caused by an accident allowed for the use of the "absence, mistake, or accident" exception to prior bad acts evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: March 27, 2024, Case #: 2024-Ohio-1543, Categories: Evidence, Jury, Murder
J. Dorrian finds defendant's claim of ineffective assistance of counsel regarding the filing of a notice of alibi prior to his trial on rape charges is contradicted by the record, which shows his attorney filed the notice more than six months before trial; therefore, the claim is meritless. Meanwhile, the trial court properly denied defendant's motion for acquittal because the victim's testimony established all the elements of the offenses with which he was charged and was sufficient to prove the assaults. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 26, 2024, Case #: 2024-Ohio-1139, Categories: Ineffective Assistance, Sex Offender, Child Victims