Case law

Evans Landscaping, Inc. v. Stenger

2011 Ohio 6033 · Ohio Court of Appeals · Nov 23, 2011

C-020064, 2002-Ohio-4936, ¶13 (a qualified- nuisance claim requires a showing of negligence). … Stenger testified that not all of the invoiced plants had been delivered, that some of the plants had been returned, and that some of the plants had not lived through the one-year period. {¶31} The trial court clearly

Young v. New Southgate Lanes, 88552 (6-14-2007)

2007 Ohio 2923 · Ohio Court of Appeals · Jun 14, 2007

It is clear that the recreational use immunity does not apply. Assumption of the Risk {¶ 30} Appellees argue in support of their motion for summary judgment that appellant assumed the risk of injury. We disagree. … Clearly, there are still genuine issues of material fact as to whether the danger was open and obvious.

Burya v. Lake Metroparks Bd. Park Commrs., Unpublished Decision (9-29-2006)

2006 Ohio 5192 · Ohio Court of Appeals · Sep 29, 2006

"A plain reading of R.C. 2744.03 (A)(5) establishes that immunity is extended only to the acts of a political subdivision, not to the acts of its employees." Id. at ¶ 32. … While I defer to this court's majority in Elston, I agree that the exercise here was one clearly of maintenance, which does not involve the type of discretion envisioned in providing an immunity defense.

Allen v. Miami County Board of Zoning Appeals

186 Ohio App. 3d 196 · Ohio Court of Appeals · Feb 5, 2010

Appellant asserts that the question of whether the properties in question qualify as a subdivision should be left to the planning commission, whose job it is to enforce the subdivision regulations, not the zoning department … Furthermore, the BZA’s authority to regulate uses of land cannot be extended to include the authority to restrict uses not clearly proscribed in the ordinance.

State v. Lasure

2022 Ohio 650 · Ohio Court of Appeals · Mar 7, 2022

An error qualifies as “plain error” only if it is obvious and but for the error, the outcome of the proceeding clearly would have been otherwise. Barnhart at ¶ 8, citing State v. … Here, the trial court sentenced Appellant to a four-year minimum prison term for both of his qualifying second-degree felonies.

State v. Dillard

2018 Ohio 4842 · Ohio Court of Appeals · Dec 6, 2018

the trier of fact, but must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether in resolving conflicts in the evidence, the trier of fact clearly … Furthermore, the Scruggs court used the same "on or about" qualifier as the state did herein.

State ex rel. Newman v. Skinner

15 Ohio Law. Abs. 140 · Ohio Court of Appeals · May 9, 1933

can only be removed from office in the manner provided in §10-1 GC which requires the filing and hearing of a complaint and as further provided in §10-2, GC, which among other things requires the signature of 10% of the qualified … Sec 154-52 GC clearly gives to the State Library Board the right to remove the State Librarian at its pleasure. •The sections of the Code above quoted confer certain powers upon the Librarian.

Holbein v. Genesis Healthcare Sys., Ct2006-0048 (10-10-2007)

2007 Ohio 5550 · Ohio Court of Appeals · Oct 10, 2007

Baker's affidavit and its failure to qualify as an expert in appellee's specialty. … The requirement of an affidavit was to guard against frivolous lawsuits. {¶ 49} The trial court was clearly within its discretion to fashion the appropriate remedy.

In Re Estate of Marinelli

99 Ohio App. 3d 372 · Ohio Court of Appeals · Dec 19, 1994

Phillip Marinelli, Sr. has never qualified for disability benefits. He lived with his mother, maintained an automobile, and periodically collected welfare. … This statute authorizes the wrongful death action to be commenced in the general division of the court of common pleas and establishes the parameters of the action.

Cunningham v. Akron, Unpublished Decision (2-8-2006)

2006 Ohio 519 · Ohio Court of Appeals · Feb 8, 2006

This Court further finds that the report prepared by Bernard Richard does not qualify as an admission by a party opponent. {¶ 8} Appellants further argue that by striking the above mentioned documents, the trial court granted … Clearly, Matson owed a duty of care to exercise due regard for the safety of persons and property during the execution of his police duties.

State v. Lail

2011 Ohio 2312 · Ohio Court of Appeals · May 13, 2011

However, once a case for the above elements is established, the criminal defendant then has the burden of proving his claim of involuntariness. Id.” State v. Alford, Montgomery App. … Lail did not qualify for services from the agency, further suggesting a level of appropriate functioning.

Meinerding v. Coldwater Exempted Village School Dist. Bd. of Edn.

2019 Ohio 3611 · Ohio Court of Appeals · Sep 9, 2019

establish that the employer did make the claimant aware of its intent to seek her removal from her teaching position. … Nothing in appellant’s arguments or references to the record establish that the action of the commission was unlawful.

McCarthy v. Cincinnati Enquirer, Inc.

101 Ohio App. 297 · Ohio Court of Appeals · May 7, 1956

Words actionable only per quod are those whose injurious effect must be established by due allegation and proof.” … E. (2d), 340, which is distinguishable from the case at bar in that the publication clearly contained a false statement of fact.

State v. McIntosh

2023 Ohio 4022 · Ohio Court of Appeals · Nov 6, 2023

CA2022-09-008, 2023-Ohio-1600, ¶ 26 ("Speculation is not sufficient to establish ineffective assistance of counsel"). {¶ 42} Because we do not find that McIntosh has established any instances of deficient performance … McIntosh has failed to establish that his attorney provided ineffective assistance at the revocation hearing. McIntosh failed to establish any error in his sentence.

Schmidt v. Newtown

2012 Ohio 890 · Ohio Court of Appeals · Mar 7, 2012

Similarly, 42 U.S.C. 1982 and 1983 require the existence of a property right, or the existence of some other right, privilege, or immunity. … Thus, Schmidt qualifies as an exempt executive employee under the FLSA. Schmidt has not presented any evidence that he had been promised payment for compensatory time from the Village.

Westerville City Schools Bd. of Edn v. Harris

2025 Ohio 4559 · Ohio Court of Appeals · Sep 30, 2025

First, R.C. 5715.27 generally establishes the procedure for filing an application for property tax exemption. … 17 period, the BTA properly held that the BOE’s reading of the statutes would improperly limit the Tax Commissioner’s discretion in a way not clearly

Nyhuis v. Burch

65 Ohio Law. Abs. 65 · Ohio Court of Appeals · Apr 21, 1952

The courts of Ohio have clearly defined the elements that constitute such a relationship. They are: 1. An agreement in praesenti to become husband and wife. 2. … If the evidence clearly establishes a common law marriage, the fact that one of the parties subsequently expresses doubt as to the legality of the union, and the other refuses to have a ceremonial marriage, does not affect

City of Dayton v. Dabney

99 Ohio App. 3d 32 · Ohio Court of Appeals · Dec 7, 1994

A hearing was held on the motion on February 23, 1994, at the beginning of which the trial court, with the explicit assent of counsel for Dabney, clearly set *34 forth that the only issues which were going to be tried at … “Assignment of Error No. 3 “The trial court committed prejudicial error in finding that Officer Coberly was not qualified to perform the breath test upon the appellee.

Edwards v. Edwards

14 Ohio App. 49 · Ohio Court of Appeals · Mar 18, 1921

But when he has added to or qualified the particular heirs that are to succeed, he has placed an entailment upon the fee, and the first devisee becomes a holder in fee tail. … If, where the word ‘heir’ is used, there be superadded words of limitation, establishing a new succession, the first donee or devisee would take but a life estate.

State v. Saldivar

2022 Ohio 144 · Ohio Court of Appeals · Jan 21, 2022

and a video narrated by Detective Collins, was clearly in Sylvania, Ohio. Further, there 11. … Thus the court did not err in allowing the state to reopen its case and venue was established by sufficient evidence.