Case law

Buckeye N. Coatings, L.L.C. v. Reeves

2025 Ohio 5469 · Ohio Court of Appeals · Dec 8, 2025

McLeod stated, after being established as a person with specialized skill and knowledge from his years as a contractor, that the caulk should not have been wet prior to applying the coating. … There was no evidence he was qualified as an expert witness under Evid.R. 702.

State v. Connors

2016 Ohio 3195 · Ohio Court of Appeals · May 27, 2016

In Gray, the First District held that a plea agreement including an agreed-upon sentencing range of four to eight years in prison did not qualify as a jointly-recommended sentence under R.C. 2953.08(D). … It appears that consecutive sentences will be upheld on appellate review as long as the aggregate sentence is within the arithmetic long-addition established by the statutes and the trial judge and the entry state that

General Commodities Candy Tobacco, LLC v. Levin, 08ap-126 (6-26-2008)

2008 Ohio 3173 · Ohio Court of Appeals · Jun 26, 2008

This Notice of Appeal is timely filed pursuant to Ohio Revised Code § 5717.02 because it has been filed within sixty (60) days after the Final Determination. {¶ 8} Based upon the well-established case law outlined above, … we cannot conclude that appellant's notice of appeal "specified" "clearly" and "distinctly" the error(s) complained of.

Nusekabel v. Cincinnati Public School Employees Credit Union, Inc.

125 Ohio App. 3d 427 · Ohio Court of Appeals · Dec 26, 1997

The Muellers’ and Nusekabel’s statements, combined with the plat, clearly show that even if Cormany Avenue in fact extended to Marshall, it did not border the Nusekabels’ property. … A plaintiff claiming a prescriptive easement must establish five elements: that the plaintiff used the property at issue (1) openly, (2) notoriously, (3) . adversely to his neighbor’s property rights, (4) continuously, and

Swanton Township Board of Trustees v. Toledo-Lucas County Port Authority

66 Ohio App. 3d 555 · Ohio Court of Appeals · Jun 1, 1990

The foregoing authorities clearly establish that if an airport is a public utility, it is exempt from township zoning regulations. … Thus, R.C. 4563.03 does not permit an airport zoning board to establish zoning regulations on airport land.

Clough v. Watkins

2020 Ohio 3446 · Ohio Court of Appeals · Jun 19, 2020

The trial court granted appellee’s motion and found that appellant did not present any evidence to establish causation and that he did not present any evidence to establish the amount of damages claimed. {¶ 5} On … This clearly constitutes an impermissible diagnosis and opinion not falling within any recognized exception to the hearsay rule. As a result, the trial court erred by allowing Dr.

State v. Hall

2014 Ohio 2959 · Ohio Court of Appeals · Jun 4, 2014

Although he qualified these denials with possible reasons for any inconsistencies, we reject Hall’s argument that Kenaga eventually “acquiesced” to Ross App. … To establish deficient performance, an appellant must show that counsel’s performance fell below an objective level of reasonable representation. State v.

Cooper v. Jones, Unpublished Decision (3-29-2006)

2006 Ohio 1770 · Ohio Court of Appeals · Mar 29, 2006

Civ.R. 56(C); Dresher, supra. {¶ 15} "[U]nless a movant meets its initial burden of establishing that the nonmovant has either a complete lack of evidence or has an insufficient showing of evidence to establish the existence … Chapter 2744 political subdivision immunity. However, because the trial court did not address this issue, we will not consider it for the first time on appeal. See Murphy v.

State v. Wilder

2016 Ohio 579 · Ohio Court of Appeals · Feb 18, 2016

This injury qualifies as permanent disfigurement for purposes of R.C. 2901.01(A)(5)(d). {¶ 12} Wilder knew he punched the woman very hard, causing her to bleed profusely from the resulting cut on her face. … When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability

Trust of Underwood v. City of Wooster

106 Ohio App. 3d 702 · Ohio Court of Appeals · Oct 4, 1995

It is not disputed that the trust, established by the will of the late Harley Underwood, is an “entity” which qualifies as a “business,” and therefore as a “taxpayer,” under the terms of the ordinance. … The evidence before the administrative board, namely the prima facie presumption of “business activity” contained within the ordinance, clearly supported its determination that the trust was subject to tax liability.

Bowen v. Bowen

132 Ohio App. 3d 616 · Ohio Court of Appeals · Feb 9, 1999

This court holds that the trial court’s factfinding concerning the existence of a debt was not clearly contrary to the manifest weight of the evidence. … The May 1997 order of the trial court established child support.

State v. Henry, 2007-L-142 (3-13-2009)

2009 Ohio 1138 · Ohio Court of Appeals · Mar 13, 2009

Also, the record establishes that each of the three was qualified as experts by specialized knowledge, skill, experience, training, and education. In addition, the testimony of Dr. Bligh-Glover, Dr. … Based on the evidence presented, we cannot say that the jury clearly lost its way in finding appellant guilty of the crimes charged. {¶ 176} Pursuant to Schlee and Thompkins , supra, the jury did not clearly lose its *Page

Maine v. Boardman Police Dept., Unpublished Decision (9-20-2006)

2006 Ohio 4954 · Ohio Court of Appeals · Sep 20, 2006

As the trial court correctly observed, this is clearly a governmental function of a police department as part of its investigation into such matters. … may be asserted to establish nonliability: {¶ c} "(1) The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative,

State v. Skorvanek

182 Ohio App. 3d 615 · Ohio Court of Appeals · Apr 13, 2009

Accordingly, while DiPietro was qualified to testify about the contents of Skorvanek’s pill bottle, she was not qualified to testify about the daily maximum dose amount of those substances. … POSSESSION OF PERCOCET {¶ 13} Skorvanek’s second assignment of error is that his conviction for possession of Percocet is based on insufficient evidence and is against the manifest weight of the evidence because he established

State v. Hake

2026 Ohio 1393 · Ohio Court of Appeals · Apr 17, 2026

In the present case, it is unnecessary to explore the outer limits of what qualifies as “temporary” or to identify precisely how “unchanged” construction and demolition debris must be to qualify for storage. … Clearly, it would seem to us that a “material change” would not encompass just any change of materials at all.

Surf City Investors, L.L.C. v. Lofti-Fard

2025 Ohio 1252 · Ohio Court of Appeals · Apr 10, 2025

On cross-examination, the Lofti-Fards established that none of the documents from PNC establish a zero balance or draws on the HELOC. … Here, the exhibits at issue are clearly relevant to Surf City’s case, because the exhibits establish that the HELOC ended and matured; that the Lofti-Fards had defaulted on their payments; that the Lofti-Fards were aware

State v. Lawson

2015 Ohio 189 · Ohio Court of Appeals · Jan 16, 2015

No. 14CA5 2 establish that without the interviewer’s testimony, the outcome of the trial clearly would have been otherwise. {¶2} In his second assignment … Because of the children’s detailed testimony, Lawson cannot establish that the outcome would have clearly been different had Freihofer’s testimony been excluded. See Pence, 12th Dist. No.

Friedman v. Labos

23 Ohio Law. Abs. 217 · Ohio Court of Appeals · Oct 13, 1936

The law requires that matters at issue in civil cases be established only by a preponderance of the evidence. In charging the jury in the case of Van Allen v Industrial Commission of Ohio, 26 O.N.P. … The trial court was clearly in- error in submitting to the jury the question of punitive damages.

Daubenmire v. Sommers

156 Ohio App. 3d 322 · Ohio Court of Appeals · Mar 1, 2004

a prima facie case of defamation, a defendant may invoke the defense of qualified privilege. … The trial court, therefore, properly found that Wassmuth’s letters were protected by a qualified privilege.

Heidbreder v. Northampton Township Trustees

64 Ohio App. 2d 95 · Ohio Court of Appeals · Mar 21, 1979

The Northampton Township Trustees, the other defendants, were dismissed by summary judgment on the basis of sovereign immunity. Benko had been a full time police officer for over four years. … At the conclusion of plaintiffs’ case, defendant moved for a directed verdict on the basis that expert testimony was necessary to establish the pertinent standard of care and that Metz’s testimony was insufficient to establish