Case law

Molnar v. Klammer, Unpublished Decision (12-23-2005)

2005 Ohio 6905 · Ohio Court of Appeals · Dec 23, 2005

Consequently, for all the above reasons, the second prong was met. {¶ 29} The third prong is that appellants were qualified for the position. Id. The evidence clearly establishes that they were. … Thus, for those reasons, we find that sovereign immunity is applicable.

Ruscilli v. Ruscilli

90 Ohio App. 3d 753 · Ohio Court of Appeals · Sep 23, 1993

The evidence established in the record before this court discloses the following facts. … In sum, though plaintiff has not established that his subsequent legitimization by his father qualified him under the “born in wedlock” language of the 1982 insurance trust, there are genuine issues of material fact which

State ex rel. Borling v. State Teachers Retirement Sys. Bd.

2023 Ohio 838 · Ohio Court of Appeals · Mar 16, 2023

Mann began his report qualifying his findings noting that his review was limited to examining whether CM was a disabling condition. (Record of Proceedings at 0F364-O78.) … Bose clearly determined that MCTD was not permanently disabling.” (Emphasis deleted.) (STRS’ Brief at 18.)

State v. Bryant

199 N.E.3d 919 · Ohio Court of Appeals · Oct 13, 2022

CR-19-646608-A was contrary to law because the trial court failed to clearly state the minimum and maximum prison term applicable to his qualifying felony offense pursuant to R.C. 2929.14 and 2929.144(B). … are not qualifying felonies * * * that are to be served consecutively.”

Koontz v. Hubley

19 Ohio App. 484 · Ohio Court of Appeals · Nov 26, 1923

We approach a consideration of the question under the well-established rule of construction pronounced by the Supreme Court of Ohio, and reported in the case of Knepper v. … All authorities agree (40 Cyc., 2014) that ‘The intention to charge legacies on real estate must clearly appear or, be clearly deducible from the language and dispositions of the will.

State v. Miller

67 Ohio App. 2d 127 · Ohio Court of Appeals · Feb 12, 1980

The evidence clearly and unequivocally establishes that defendant in no way threatened the peace officer or attacked him in any way. … Giving full weight to the qualifying term “personal,” in the definition set forth, supra, we conclude that the conduct herein only engaged Deputy Heldman because he was a peace officer, and in that capacity.

Collins v. Auto-Owners Ins. Co.

2017 Ohio 880 · Ohio Court of Appeals · Mar 13, 2017

The court's analysis focused on the factual distinctions between temporary presence and a permanent and established home. Id. at 177. … "Clearly" was emphasized by the court.

Roos v. Morrison

2019 Ohio 1514 · Ohio Court of Appeals · Apr 24, 2019

. {¶7} Additionally, aggravation of a preexisting condition (at issue in this case) qualifies as an “injury” under Ohio’s workers’ compensation system. R.C. 4123.01(C)(4). … “aggravation” and “exacerbation” aside, our review reveals that the determination of the trial court, that Officer Roos’s condition was aggravated by his workplace injury, was supported by the record, which was never clearly

McCabe v. Zeller Corp.

117 Ohio App. 3d 209 · Ohio Court of Appeals · Jan 16, 1997

Clearly, the facts necessary to establish an injury claim versus an occupational injury claim are different in that each claim requires demonstration of different elements. … Clearly, in many cases like Hammock and Stanton where the parties, issues, and underlying facts supporting each claim are identical, res judicata will take effect to bar identical additional claims with different labels.

Daniel v. Daniel

2012 Ohio 5129 · Ohio Court of Appeals · Nov 5, 2012

This would clearly make a portion of the loans a marital debt. … The testimony of both parties clearly established that Christen and Sean reconciled during his deployment and lived together as husband and wife from when he returned in December of 2006 until they separated again in January

Padley v. Jones

20 Ohio App. 203 · Ohio Court of Appeals · Nov 1, 1924

Nye, who was nominated in said will as such, was duly appointed and qualified as executor of her estate. … We think that it is well settled, fully established and universally recognized, both upon principle and authority, that in order to work a conversion of a decedent’s land into money from the time of his death, there must

State v. Gates

2019 Ohio 4783 · Ohio Court of Appeals · Nov 21, 2019

R.C. 2929.13(B)(1)(b)(i) clearly “appl[ies].” Indeed, the record is replete with evidence upon which to base this conclusion. … See Torres, 2017-Ohio-938, ¶ 13 (R.C. 2929.13(B)(1)(b)(i) applicability is established by defendant pleading guilty to carrying concealed weapons).

Morris v. Investment Life Ins. Co. of America

18 Ohio App. 2d 211 · Ohio Court of Appeals · Jun 3, 1969

The situation is admittedly subject to other interpretations — but to establish fraud as a ground for rescission, it must be established by clear and convincing evidence. Cross v. Ledford (1954), 161 Ohio St. 469 . … This is clearly the creation of a trust relationship. The settlor was ALIA (or perhaps it may be1 said the policyholders of ALIA acting through their then duly authorized 1 agents). The trust res is clearly specified.

Lima Mem. Hosp. v. Almudallal

2016 Ohio 5177 · Ohio Court of Appeals · Aug 1, 2016

If confidential information was to be disclosed to a qualified person, then the qualified person would have to sign a non-disclosure agreement before the information would be disclosed to him or her. … Rita’s argument fails is that the affidavits fail to establish a specific showing of harm.

State v. Malyshev

2019 Ohio 1087 · Ohio Court of Appeals · Mar 21, 2019

No. 99-C.A.-55, 2002-Ohio-3007, ¶ 41-48. {¶20} Immunity is described and defined in R.C. 2945.44. … As such, this record clearly reveals her statements were not the product of coercion.

Vanke v. Vanke

93 Ohio App. 3d 373 · Ohio Court of Appeals · Mar 8, 1994

a termination date for spousal support in the instant case, where the findings of fact clearly established that plaintiff-appellant was and had been self-supporting for some time and other findings of fact established defendant-appellant … Hogan qualified as a “homemaker-spouse with little opportunity to develop meaningful employment outside the home.”

State ex rel. Pace v. Montgomery Cty. Bd. of Elections

2013 Ohio 1376 · Ohio Court of Appeals · Apr 2, 2013

Bd. of Elections, 111 Ohio St.3d 167, 2006-Ohio-5019, 855 N.E.2d 815, ¶ 28. {¶ 11} In order to establish the clear legal right and legal duty, as provided above, Pace must further “ ‘prove that the board … Pace does not raise claims of fraud or corruption, so the dispositive issue is whether Respondents abused their discretion or clearly disregarded the applicable law when refusing to certify Pace’s nominating petitions because

State v. Deaton

2017 Ohio 7094 · Ohio Court of Appeals · Aug 4, 2017

See Trial Tr. 310. {¶ 19} Moreover, irrespective of whether Officer 3 qualified to testify as an expert regarding the operation of a revolver, his testimony establishes that he had sufficient familiarity with firearms … Deaton establishing that Deaton felt frustrated and depressed about the end of their marriage.

Nead v. Brown County General Hospital, Ca2005-09-018 (5-21-2007)

2007 Ohio 2443 · Ohio Court of Appeals · May 21, 2007

Cooperman was qualified to testify as an expert in general surgery. Dr. … She's clearly trying to ask this witness questions about literature.

State v. McCrone

2019 Ohio 337 · Ohio Court of Appeals · Feb 4, 2019

"Plain error does not exist unless it can be said that but for the error, the outcome of the trial would clearly have been otherwise." State v. Biros, 78 Ohio St.3d 426, 436 (1997). … CA2011-03-027, 2012-Ohio- 4342, ¶ 84. {¶ 29} McCrone cannot establish plain error because he cannot demonstrate an obvious legal error.