Case law

Liberty National Bank v. Greiner

62 Ohio App. 2d 125 · Ohio Court of Appeals · Jul 7, 1978

Clearly, the written notice received by appellant *129 did not fulfill this requirement. … In the case sub judice, appellee hired a qualified appraiser, sufficiently advertised the sale to the public, properly attempted to obtain the highest possible bids for the collateral, and selected an auctioneer who conducted

Simballa v. Ohio Dept. of Natural Resources, Div. of Oil & Gas Resources Mgt.

2024 Ohio 5888 · Ohio Court of Appeals · Dec 17, 2024

There is no dispute that Simballa qualifies as a person “adversely affected by the order” who may appeal it. … And the legislation being challenged will not be invalidated unless it is established that it is unconstitutional beyond a reasonable doubt. See, e.g., Arnold v.

Horenstein, Nicholson & Blumenthal, L.P.A. v. Hilgeman

178 N.E.3d 71 · Ohio Court of Appeals · Sep 3, 2021

They were entitled 12Other Ohio authority has held that statements to police officers enjoy only qualified immunity. See Thomas v. Murry, 8th Dist. … Cuyahoga No. 109287, 2021-Ohio-206, ¶ 56- 57 (distinguishing its approach of qualified immunity from the Ninth and Fourth Districts, which allow absolute immunity).

State v. Wright

2024 Ohio 851 · Ohio Court of Appeals · Mar 8, 2024

A rational fact finder could have found that her testimony established that Wright engaged in cunnilingus-based sexual conduct with N.K., thus establishing the elements of rape. {¶28} Turning to his conviction for … To establish plain error, Wright “ ‘must establish that an error occurred, that the error was obvious, and that there is a reasonable probability that the error resulted in prejudice, meaning that the error affected the

Saunders v. Holzer Hospital Foundation, 08ca11 (4-30-2009)

2009 Ohio 2112 · Ohio Court of Appeals · Apr 30, 2009

Consequently, a complying employer is entitled to workers' compensation immunity if the employer establishes either that the injury occurred in the course of or arose out of employment. Id. … Clearly, Holzer paid appellant workers' compensation benefits under its self-insured program.

Nursing Care Management of America, Inc. v. Ohio Civil Rights Commission

181 Ohio App. 3d 632 · Ohio Court of Appeals · Mar 11, 2009

Toledo Hosp. (1992), 84 Ohio App.3d 610, 617 , 617 N.E.2d 774 (“The purpose of Ohio Adm.Code 4112-5-05(G)(2) and (6) is clearly to provide substantial equality of employment opportunity by prohibiting an employer from terminating … Therefore, direct evidence of pregnancy discrimination has been presented by McFee, and her claim is not subject to the now-familiar burden-shifting framework established in McDonnell Douglas Corp. v.

Stark Cnty. Park Dist. v. Dickerhoof

122 N.E.3d 608 · Ohio Court of Appeals · Oct 23, 2018

Fonte in his role as the Park Director, qualify as “Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth *** the activities of the office or agency *** .” … evidence sustains the issue which is to be established before them.

State Ex Rel. Cleveland Police Patrolmen's Ass'n v. City of Cleveland

122 Ohio App. 3d 696 · Ohio Court of Appeals · Aug 28, 1997

We also established a briefing schedule. … Given the uncontroverted averments in the Sherman affidavit, these records qualify for the attorney-client privilege. As a consequence, the attorney-client privilege exempts these records from release.

State v. Gaspareno

2016 Ohio 990 · Ohio Court of Appeals · Mar 14, 2016

Clear and convincing evidence is that “which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” Cross v. … Further, plain error only exists where “but for the error, the outcome of the trial would clearly have been otherwise.” State v.

City of Hilliard v. First Industrial, L.P.

158 Ohio App. 3d 792 · Ohio Court of Appeals · Nov 4, 2004

Kennerk (1957), 103 Ohio App. 133, 139 , 3 O.O.2d 201 , 144 N.E.2d 660 (“A witness qualified to give an opinion with respect to value should be required to state such opinion separately as to the value before and after and … Clearly, this figure was not based upon the use of the pre- and postappropriation fair market values of the residue. Therefore, Hilliard’s evidence as to the damages to the residue was also deficient.

State ex rel. Feagin v. May

240 N.E.3d 1016 · Ohio Court of Appeals · Apr 10, 2024

Richland County, Case No. 2023 CA 0060 8 Id. at ¶ 29. {¶ 18} In the present matter, relying on Crawford and Kurt, we find the record does not clearly establish … A requester qualifies for statutory damages, under the version of R.C. 149.43 in effect at the time the request is made only Richland County, Case No. 2023 CA 0060 10

Woodmansee v. Cockerill

115 Ohio App. 409 · Ohio Court of Appeals · Jul 26, 1961

“Such publication” as used in this section clearly provides for notice by publication when notices are mailed but not delivered. … W., 435 , was a case involving proceedings to establish a drainage district and assess lands affected for the cost.

Hrabak v. Collins

108 Ohio App. 3d 117 · Ohio Court of Appeals · Dec 26, 1995

Upon our review of the docket in this case, the record clearly reflects that the Hrabaks perfected service on Collins not only by publication but also pursuant to R.C. 2703.20. … Clearly, this imposes a duty on counsel to monitor newspapers of general circulation for such notices of service by publication. We find no merit to either of these assignments of error.

Frank W. Schaefer, Inc. v. C. Garfield Mitchell Agency, Inc.

82 Ohio App. 3d 322 · Ohio Court of Appeals · Aug 18, 1992

Therefore, waiver of one of these sources of immunity does not necessarily obviate the protection afforded by the other. Handgards, Inc., supra, at 929; In re Election, supra, at 615 , 567 N.E.2d at 244 . … Our conclusion is further reinforced by the fact that Bourelle’s attorney was careful to clearly communicate that he would cooperate only within the limits of his ethical obligations (presumably referring, at least in part

Gilbert v. Wnir 100 Fm

142 Ohio App. 3d 725 · Ohio Court of Appeals · May 9, 2001

Gilbert must show actual malice under the common-interest qualified privilege. We disagree. “The defense of qualified privilege is deeply rooted in public policy. … The essential elements necessary to establish a qualified privilege are “ ‘ “good faith, an interest to be upheld, a statement limited in its scope to this purpose, a proper occasion, and publication in a proper manner and

Stevens v. Cox, Wd-08-020 (1-30-2009)

2009 Ohio 391 · Ohio Court of Appeals · Jan 30, 2009

*Page 8 {¶ 23} On February 13, 2008, Cox and Pemberville filed a motion for summary judgment, in which they asserted that the claims against them were barred by either absolute or qualified immunity, and the complaint failed … (Facts to establish probable cause must be in existence at the time of arrest.

State v. Fecko

2022 Ohio 1277 · Ohio Court of Appeals · Apr 18, 2022

Malmer were qualified as expert witnesses. … required to qualify them as expert witnesses who could offer an opinion pursuant to Evid.R. 702.

Spiller v. Sky Bank-Ohio Bank Region, 8-07-03 (3-24-2008)

2008 Ohio 1338 · Ohio Court of Appeals · Mar 24, 2008

The terms of that certificate clearly *Page 20 establish that Maxine Spiller was the owner of the certificate, and Stayrook was the payable on death beneficiary. … The trial court held a voir dire of Heaston on January 17, 2007 to determine whether Heaston was qualified to testify as an expert.

Simington v. Shimp

60 Ohio App. 2d 402 · Ohio Court of Appeals · Dec 15, 1978

However, despite the lack of clearly defined judicial support, English grand juries continued to issue numerous reports during the late Seventeenth Century. … This court will not extend the authority of grand juries beyond those limits clearly established by statute.

Premium Beverage Supply, Ltd. v. TBK Prod. Works, Inc.

2016 Ohio 174 · Ohio Court of Appeals · Jan 19, 2016

Thus, even if Brew Kettle could establish error, that error is not a basis for reversal of the trial court's judgment. Gill v. Grafton Corr. Inst., 10th Dist. … In relevant part, the court held: Allowing a successor manufacturer to terminate a written franchise agreement without cause is clearly permitted under R.C. 1333.85(D), as long as