Case law

Wysocki v. Oberlin Police Dept.

2014 Ohio 2869 · Ohio Court of Appeals · Jun 30, 2014

Wysocki’s previous conviction for criminal mischief qualifies as a “misdemeanor crime of domestic violence” under 18 U.S.C. 922(g)(9). … establish the conduct of which defendant was convicted.”

State ex rel. Crenshaw v. Hemmons-Taylor

2023 Ohio 1379 · Ohio Court of Appeals · Apr 21, 2023

A reasonable mind can conclude there is a good faith standing [sic] to establish legal standing in this unique situation. … While styled as a claim for mandamus, to the extent relator’s allegations do not sound in quo warranto, relator clearly asks for declaratory judgment and prohibitory injunction.

Bronaugh v. Harding Hospital, Inc.

12 Ohio App. 2d 110 · Ohio Court of Appeals · Feb 7, 1967

Certain dates, events, and papers established by testimony and exhibits figure largely in the consideration of the issues. … Todd’s certificate is not totally and clearly in compliance with the statute, but his supporting note attesting to “suicidal tendencies” may make it so.

Moody v. Village of Frazeysburg

167 Ohio App. 3d 106 · Ohio Court of Appeals · Jun 12, 2006

The appellant would have us believe that the mayor’s simple statement to the appellee upon his suspension qualifies as a judgment. … It is clearly apparent that the appellant did not meet even the most minimal statutory requirements in rendering a judgment on this issue.” {¶ 22} In reviewing the complaint, the factual allegations of which are accepted

Griffin v. Matthews

36 Ohio App. 3d 228 · Ohio Court of Appeals · May 11, 1987

While the affidavit of a family member or even one of the squad members who actually transported Griffin to Mid-dletown Hospital would clearly establish a genuine issue of material fact, we hold that the affidavit of an individual … Clearly, one would not think in terms of the “Middletown Emergency Room Physicians, Inc.

Harding v. Ohio Real Estate Comm.

224 N.E.3d 86 · Ohio Court of Appeals · Sep 1, 2023

Standard of Review {¶ 19} The standard of review in an administrative appeal under R.C. 119.12 is “well-established.” Bartchy v. … The legal issue before us is whether Harding’s equitable interest in the property qualified her as “the owner” under R.C. 4735.18(A)(17).

Pupco Property Management v. City of Cincinnati

170 Ohio App. 3d 641 · Ohio Court of Appeals · Mar 23, 2007

Now we reverse the reversal of the reversal, because the place is clearly a bar; and a bar, we learn, can't be outdoors, at least where this one is. {¶ 21} The city code section defining "Outdoor Eating and/or Drinking Area … So under the definition of "indoor," it seems not to qualify. {¶ 27} But "outdoor" is "1: of or relating to the outdoors. 2 a: performed outdoors outdoor sports, b: outdoorsy an outdoor couple. 3: not enclosed: having no

Gable v. Village of Gates Mills

151 Ohio App. 3d 480 · Ohio Court of Appeals · Jan 27, 2003

Co. (1991), 58 Ohio St.3d 226 , 569 N.E.2d 889 , established the “same juror rule” in dealing with conflicts similar to the case at hand. … We decline to endorse this argument and find no merit to this assignment of error. {¶ 56} Under Ohio law, compliance with a statutory regulation does not immunize a manufacturer from liability.

State v. Danner

2023 Ohio 638 · Ohio Court of Appeals · Mar 3, 2023

Willoughby qualified as his family or household member for his conviction of domestic violence, and otherwise challenging the sufficiency and manifest weight of the evidence. … But we will only reverse if the trial court “ ‘clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.’ ” Id., quoting State v.

State v. Brady

2014 Ohio 5721 · Ohio Court of Appeals · Dec 26, 2014

, the reviewing court examines the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether in resolving conflicts in the evidence, the trial court clearly … Additionally, Garcar had previously qualified as an expert in accident reconstruction in the Mahoning County Common Pleas Court. {¶47} In sum, based upon her education, experience, knowledge, and training, Garcar qualified

Sheet Metal Workers National Pension Fund v. Bryden House Ltd. Partnership

130 Ohio App. 3d 132 · Ohio Court of Appeals · Sep 29, 1998

The project qualified for extensive tax credits. Plaintiffs agreed to guaranty the loan. … The Blodgett court also set forth the following general factors necessary to establish a cause of action for duress: (1) one party involuntarily accepted terms imposed by the other; (2) the party seeking to establish duress

Caudill v. City of Columbus

97 N.E.3d 800 · Ohio Court of Appeals · Sep 14, 2017

Though Julie's death was clearly tragic, "[w]e must apply the law without consideration of emotional ramifications and without the benefit of 20-20 hindsight." O'Toole at ¶ 76. … "It is well established that where a moving party submits conflicting affidavit statements in support of the motion for summary judgment, which are inconsistent with his prior deposition testimony, summary judgment is improper

O'Brien v. Phillips

2015 Ohio 3901 · Ohio Court of Appeals · Sep 24, 2015

Moreover, questions posed for the purpose of clarifying material facts do not qualify as improper examination. State v. King, 2d Dist. No. 24141, 2011-Ohio-3417, ¶ 13. … R.C. 2925.01(R)(1). {¶ 33} Here, Phillips complains that the prosecuting attorney did not present evidence regarding whether Westgate Alternative qualified as a "school" under R.C. 2925.01(Q).

Yoby v. Cleveland

2025 Ohio 5853 · Ohio Court of Appeals · Dec 31, 2025

Again, the customer may not have been able to access the website, and once on the website, the amended provisions were not clearly identified. … On the record before us, the City cannot demonstrate that appellees clearly agreed to the arbitration provision.

State Ex Rel. Bryant v. Kent City School District Board of Education

71 Ohio App. 3d 748 · Ohio Court of Appeals · Apr 2, 1991

In the mandamus context, an abuse of discretion occurs when a decision is “to an end or purpose not justified by, and clearly against, reason and evidence.” State ex rel. Democratic Executive Committee v. … Also under this first assignment, appellant submits that the writ was not warranted because appellee failed to establish that he was still qualified to operate a school bus.

Campbell v. Aepli, Ct 06-0069 (7-16-2007)

2007 Ohio 3688 · Ohio Court of Appeals · Jul 16, 2007

Ohio law clearly favors the trial court deciding the case on its merits, and Civil Rule 10(D) above does not require the dismissal of the complaint for failure to comply with the rule. … Rather, the civil rules clearly provide for curing by granting leave to file an amended complaint. {¶ 42} Similar cases have analyzed the failure to attach documents pursuant to Civil Rule 10. In Calloway v.

Woehler v. Brandenburg

2012 Ohio 5355 · Ohio Court of Appeals · Nov 19, 2012

Even awards in the $100 to $200 range are considered too substantial to qualify as "nominal" damages. … . {¶ 40} Since awards of even $100 or $200 have been found to be too substantial to qualify as "nominal" damages, an award of $5,000 is clearly too much to qualify as "nominal" damages. Id.

State Farm Fire & Casualty Co. v. Cummings

41 Ohio App. 3d 161 · Ohio Court of Appeals · Jun 3, 1987

In the case at bar, the State Farm insurance policy clearly excludes coverage for personal injuries suffered by any “insured” individual. … The trial court properly found that Tammy qualified as an “insured” under the policy. Assignment of error number one is without merit.

Sutton Bank v. Progressive Polymers, L.L.C.

2019 Ohio 3239 · Ohio Court of Appeals · Aug 12, 2019

They contend a literal interpretation of the definitions applied 5 to the warning establishes it was, by definition, Sutton Bank who conceded rights pursuant to the warning … refer to the borrowers, and “creditor” and “his” clearly refer to the lender:  “By signing this note * * *.”

State v. Evans

2011 Ohio 5415 · Ohio Court of Appeals · Oct 21, 2011

Further, considering the record before us, we cannot conclude that the jury clearly lost its way and created a manifest miscarriage of justice in reaching the verdicts that it did. … Engle as an expert witness, it did establish her education, training, and experience and the fact that she was licensed to practice medicine in Ohio.