Case law

State v. Johnson

2019 Ohio 1382 · Ohio Court of Appeals · Apr 12, 2019

“This is a very deferential standard of review, as the question is not whether the trial court had clear and convincing evidence to support its findings, but rather, whether we clearly and convincingly find … The record establishes that the trial court properly reviewed the PSI, Johnson’s statements, and the statements of counsel.

Glazer v. Chase Home Fin., L.L.C.

2013 Ohio 5589 · Ohio Court of Appeals · Dec 19, 2013

. {¶6} The Reimer Firm argued in its motion to dismiss that (1) Glazer could not establish he was entitled to protection under the OCSPA; (2) the Reimer Firm was immune from liability on the misrepresentation and … “To establish a right to relief for a claim of fraudulent representation or concealment, a plaintiff must establish the following elements: (a) a representation or, where there is a duty to disclose, concealment

In re Adoption of U.I.

2024 Ohio 682 · Ohio Court of Appeals · Feb 23, 2024

“It is well established that the original and exclusive jurisdiction over adoption proceedings is vested in the probate court.” … She is clearly challenging the right to invoke the jurisdiction of the court through the only method available statutorily.

O'Toole v. Denihan, Unpublished Decision (11-16-2006)

2006 Ohio 6022 · Ohio Court of Appeals · Nov 16, 2006

Defenses or immunities of subdivision and employee. … may be asserted to establish nonliability: (6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or sections 3314.07 and 3746.24 of the

Literary Club v. McClain

2020 Ohio 3956 · Ohio Court of Appeals · Aug 5, 2020

“The onus is on the taxpayer to show that the language of the statute ‘clearly express[es] the exemption’ in relation to the facts of the claim.” Anderson/Maltbie Partnership v. … Thus, the house is not tax exempt under R.C. 5709.12(B). {¶40} The Club has failed to show that it is clearly entitled to tax exemption under R.C. 5709.12 or 5709.121.

State v. Clark

101 Ohio App. 3d 389 · Ohio Court of Appeals · Feb 27, 1995

In addition, a person may be qualified as an expert witness if the proponent of such witness can establish that the witness has knowledge of scientific, technical or other such specialized nature. … Clearly, Wentzel’s testimony would assist the factfinder in search of the truth. Such evidence tended to make the existence of an accidental shooting less probable. Evid.R. 401.

State v. Lascola

61 Ohio App. 3d 228 · Ohio Court of Appeals · Dec 20, 1988

Such evidence is clearly prohibited by Evid.R. 404(B), which states: *242 “Other Crimes, Wrongs or Acts. … It was a further attempt to show defendant had a bad character and is clearly prohibited by Evid.R. 404(B).

State v. Sibrian

2017 Ohio 2613 · Ohio Court of Appeals · Apr 28, 2017

Plain error does not exist “unless, but for the error, the outcome of the trial clearly would have been  -11- otherwise. … evidence, an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact ‘clearly

State v. Sowers

2018 Ohio 2367 · Ohio Court of Appeals · Jun 18, 2018

any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree. … {¶21} Appellant herein argues that the evidence was not sufficient to establish … is permitted to testify concerning the value of his property without being qualified as an expert, because he is presumed to be familiar with it from having purchased or dealt with it.”

Sanders v. Frank

2015 Ohio 3644 · Ohio Court of Appeals · Sep 8, 2015

the well-recognized danger that loose horses pose, the rescue doctrine clearly applies in this matter. … Skiles, supra, at *4-5. {¶64} In her decision, the magistrate refers to the Equine Immunity Statute (R.C. 2305.321) as evidence of the known dangers that horses present.

State ex rel. Silver v. Ohio Pub. Emp. Retirement Sys.

2017 Ohio 445 · Ohio Court of Appeals · Feb 7, 2017

The debate is whether his relationship with the city was that of an independent contractor or that of an employee who was qualified for membership in OPERS. … establishes that you provided services under the City's ordinances as an independent contractor during the relevant time period.

In re R.M.

2013 Ohio 4928 · Ohio Court of Appeals · Nov 7, 2013

. {¶3} Father’s paternity was established on May 3, 2011, according to CCDCFS records. Prior to that, he had not participated in the children’s case plan. … The record shows that the children no longer qualified for temporary custody.

In re R.H.

2023 Ohio 78 · Ohio Court of Appeals · Jan 12, 2023

Additionally, CCDCFS asserted that after considering all relevant factors, including those listed at R.C. 2151.414(D)(1)(a)-(e), the evidence to be presented would establish clearly and convincingly that an award of permanent … The above sampling clearly demonstrates that the children could not be placed with Mother within a reasonable time or should not be placed with Mother.

Kure v. City of North Royalton

34 Ohio App. 3d 227 · Ohio Court of Appeals · Dec 4, 1986

The record is devoid of evidence of any substantial change of position by the developer which might establish a vested right which could not be vitiated by the charter amendment. See Smith v. … court has stated that the Gibson court “was concerned about those situations in which a municipality enacts legislation whose only purpose serves to thwart an applicant’s attempted enforcement of a right to which he was clearly

Ada Exempted Village School Dist. Bd. of Edn. v. Ada Wind, L.L.C.

157 N.E.3d 232 · Ohio Court of Appeals · Aug 10, 2020

and mutually agreed upon mediator. {¶33} Thus, section 19.7 establishes multiple methods by which the parties are authorized under the RESA to resolve their disputes arising from the contract. … refers to more than one acceptable method of dispute resolution under the RESA. {¶35} This notwithstanding, section 19.7 clearly grants the parties the right to have the dispute adjudicated by an Ohio State court

In re K.L.

2021 Ohio 3080 · Ohio Court of Appeals · Sep 7, 2021

These drugs assist suppressing the child’s immune system in order to avoid rejecting the transplant. Dr. Boyle stated that while mother and her husband, C.L. … clearly and convincingly warrant the trial court’s award of permanent custody to JFS.

State v. Weber

2013 Ohio 3172 · Ohio Court of Appeals · Jul 19, 2013

. {¶ 12} Brenda Miceli testified that she is a licensed psychologist in private practice, and that she has been qualified as an expert in child psychology and child sexual abuse. … to establish in which county West Lake is situated.

State v. Lucas

240 N.E.3d 843 · Ohio Court of Appeals · Mar 7, 2024

Based on these facts, we find S.L.’s statements within the 911 call are not the result of reflective thought and qualified as excited utterances. See Cleveland v. Myles, 8th Dist. … “‘Privilege’ means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.” R.C. 2901.01(A)(12).

State v. Carswell

2021 Ohio 3379 · Ohio Court of Appeals · Sep 24, 2021

Reversal is warranted only if the outcome of the trial clearly would have been different absent the error. {¶ 41} The record of this case establishes only one instance in which anything remotely resembling a reference … McCall was properly qualified as an expert. {¶ 56} Ms.

Department of Taxation v. Mizer

97 Ohio App. 458 · Ohio Court of Appeals · Mar 4, 1954

It is a well established principle of law that an absolute power of disposition or alienation in the first taker defeats a limitation over by way of executory devise. … The concluding clause in Item IV clearly created a condition or contingency which may happen and which comes within the purview of §5343 GC, and the Court should have heeded it.