Case law

In re Estate of Robison

2017 Ohio 8980 · Ohio Court of Appeals · Dec 12, 2017

The judgment clearly contemplates further action in the probate court before approval or settlement of the final account. A number of vehicles are to be added to the inventory. … The future filing of an amended inventory is clearly contemplated. Once that happens, the parties might take further action with regard to the inventory.

State v. Darazim

2014 Ohio 5304 · Ohio Court of Appeals · Nov 28, 2014

The prosecution responded that "it clearly goes to [appellant's] knowledge and to his intent of what he's doing," and the trial court overruled the objection. (Tr. 50.) … Had the receipt been offered into evidence, it may have qualified for the business records exception to hearsay contained in Evid.R. 803(6).

State v. Jamison, Ct2007-0019 (5-19-2008)

2008 Ohio 2472 · Ohio Court of Appeals · May 19, 2008

R.C. 2901.22 (B). {¶ 33} Appellant argues the state failed to establish the proper chain of custody of the crack-cocaine. … Reed's opinion failed to establish that State's Exhibit 1 was crack-cocaine.

State v. Risch

2025 Ohio 2484 · Ohio Court of Appeals · Jul 14, 2025

Stated differently, because R.C. 2950.99 did not expressly include an “attempt” in its penalty enhancement provision, an “attempt” did not qualify. … Those convictions are not enhancing elements and they should not have been presented to the jury. {¶33} Further, there is no established relevance to the extra language included in Defendant’s Exhibit A that Risch

Rickard v. Ohio Department of Liquor Control

23 Ohio App. 3d 101 · Ohio Court of Appeals · Aug 27, 1985

In reversing the trial court, Judge Krupan-sky wrote: “This statute clearly precludes the action taken by the Cleveland Municipal Court. … Many permit holders have had existing permits for many years with loyal customers who live near tlie liquor establishment.

Reno v. Centerville, Unpublished Decision (2-20-2004)

2004 Ohio 781 · Ohio Court of Appeals · Feb 20, 2004

Thus, no genuine issue of material fact remains as to whether the Renos can establish an exception to the sovereign immunity conveyed upon Creech as a municipal employee. … As an "employee" is defined in R.C. 2744.01 (B), Newberry qualified as an employee.

State, Ex Rel. Jones v. Brenner

31 Ohio App. 465 · Ohio Court of Appeals · Mar 23, 1928

That Judson Brenner is the duly qualified and acting treasurer of Mahoning county, Ohio. … E., 1007 , 1008, where it is observed: “These sections clearly give the corporation power to sue within two years for the collection of such assessments as have not been certified to the county auditor, but after such assessment

State v. Drake

2014 Ohio 509 · Ohio Court of Appeals · Feb 12, 2014

avoid usurping a function that the General Assembly has assigned to the Director of Health, however, we must limit the substantial-compliance standard set forth in Plummer to excusing only errors that are clearly … The troopers' ability to administer the test is established by the issuance of the valid permits.

Weaver v. Standard Oil Co.

61 Ohio App. 3d 139 · Ohio Court of Appeals · Mar 22, 1989

Clearly, the law in Ohio is that an owner of property is not liable for injuries to business invitees who slip and fall on natural accumulations of ice and snow, because the owner has a right to assume that such visitors … It is now beyond argument that under Civ.R. 56(C), a court may not enter a summary judgment unless the documentary evidence submitted establishes that there are no genuine issues as to any material fact and that the moving

Godwin v. Facebook, Inc.

160 N.E.3d 372 · Ohio Court of Appeals · Oct 8, 2020

Thus, in order to determine whether such a provisional remedy qualifies as a final order pursuant to R.C. 2505.02(B)(4), the party appealing must demonstrate both that (a) The order in effect determines the action … Once again, we need not consider the immunity argument in light of the outcome under state law analysis.  FB my life for the pass year has really been fuck up!!!

Parker v. Salvation Army

2012 Ohio 2069 · Ohio Court of Appeals · May 10, 2012

Wean United, Inc., 50 Ohio St.2d 317, 327, 364 N.E.2d 267 (1977). {¶9} It is well established that the party seeking summary judgment bears the burden of demonstrating that no issues of material fact exist … The agreements Parker signed clearly set forth that his stay was temporary and an emergency situation based upon his status as a homeless individual.

Clark v. Durrani

2025 Ohio 3096 · Ohio Court of Appeals · Aug 29, 2025

Wilkey was an expert qualified to testify at the time of the trial. {¶40} To establish his medical malpractice claim, Clark relied on the expert testimony of Dr. Wilkey. Over defendants’ objection at trial, Dr. … The Court held that “Celmer sets forth a limited exception to that rule, and the exception is clearly confined to the particular facts of that case.” Id.

Garrett v. Garrett

54 Ohio App. 2d 25 · Ohio Court of Appeals · Aug 17, 1977

established by the courts as a matter of policy. 9 Wigmore on Evidence 288, Section 2491 (3d ed. 1940). … Extensive cross-examination failed to dislodge either expert from his or her clearly stated opinion that the husband was excluded.

Bullet Trucking, Inc. v. Glen Falls Insurance

84 Ohio App. 3d 327 · Ohio Court of Appeals · Dec 16, 1992

We quoted a treatise that states that “an insurer clearly may be estopped from relying on a provision of its policy requiring an action therein to be commenced within 12 months after inception of the loss when the insurer … That is not to say, however, that such claims are entirely immune from limitation.

In re Trust, Thomas

58 Ohio Law. Abs. 477 · Ohio Court of Appeals · Jun 27, 1949

Holmes was appointed and qualified as trustee of his estate. Under the terms of the trust Mae Thomas Hrobon, who was the widow of Clay M. … The master in his report found that none of the grounds set forth in the application had been established.

State v. Madison, 06ap-1126 (7-12-2007)

2007 Ohio 3547 · Ohio Court of Appeals · Jul 12, 2007

The only thing he is qualified to do is to say he was deceptive or not, period. … If any assumed fact was not established, you will determine its effect upon the opinion of the expert.

Friedman v. Ebner Properties

2023 Ohio 4398 · Ohio Court of Appeals · Dec 5, 2023

discretion in dissming my case against ebner properties because they said that grantd summary judgment to the defendant saying that no genuine issue of material fact exists that it clearly … Yet, Friedman neither offered nor directed the trial court to any Civ.R. 56(C) evidence to establish pretext.

Hills & Dales, Inc. v. City of Wooster

4 Ohio App. 3d 240 · Ohio Court of Appeals · Aug 4, 1982

Cleveland (1913), 88 Ohio St. 338 , at 344: “* * * it is sufficient to say here that the powers referred to are clearly such as-involve the exercise of the functions of government, and they are local in the sense that they … Moreover, the private executive session is a well-known and accepted concept in established parliamentary practice.

Thomas v. Murry

2021 Ohio 206 · Ohio Court of Appeals · Jan 28, 2021

LEXIS 161340, 48 (Sept. 3, 2020) (noting that Scott is consistent with a majority of state courts that extend qualified rather than absolute immunity to persons making statements to police about alleged crimes). … At most, the record establishes that attorney Pina acted negligently — without a dishonest purpose or conscious doing of wrong.

State v. Taylor

2015 Ohio 3252 · Ohio Court of Appeals · Aug 13, 2015

We disagree. {¶ 21} The smell of marijuana from a car, by a person qualified to recognize the smell, is sufficient to establish probable cause to search the car. State v. … No. 09CA3127, 3 Appellant does not dispute that the officers were qualified to recognize that smell.