Opinion

E.F. v. Seymour

  • 120 N.E.3d 459
  • 2018 Ohio 3946
Court
Ohio Court of Appeals
Filed
Sep 27, 2018
Status
Published
Author
Horton
On the bench
Sadler, Horton
Cited by
6 cases

finding -10- Case No. 5-23-36 that a landlady-mother did not have possession and control of the premises where she had the “ability to visit the home” of her tenant-daughter

How later courts described this case

  • finding -10- Case No. 5-23-36 that a landlady-mother did not have possession and control of the premises where she had the “ability to visit the home” of her tenant-daughter

Written by the judges who cited it.

The opinion

HORTON, J., dissenting.

{¶ 35} I respectfully dissent with the majority on the myriad issues of fact surrounding the question of whether defendant-appellee, Susan Griffith, is a "harborer" of the dog who possessed both possession and control of the property. The mother-daughter relationship, the lack of a written lease agreement, the question as to whether the $675 quasi-monthly payments daughter made to mother constitute evidence of co-ownership versus "rent" payments, the mother's knowledge of the viciousness of the dogs, the unfettered access mother had to the property and her improvements made, and the actual level of control and possession mother had over the property, among other things, present genuine issue of fact for a jury to decide. For these reasons, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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