Case law

Koerper v. Szabo

2019 Ohio 3159 · Ohio Court of Appeals · Aug 6, 2019

Kerner to offer an opinion he had already testified he was not qualified to give. {¶ 18} Appellants contend that Stinson supports their position. … The fact that the jury awarded appellants $0 for future economic and non-economic damages clearly indicates that the jury did not believe that Jamie suffered permanent injuries as a result of the accident.

In re M.L.-P.

2024 Ohio 5346 · Ohio Court of Appeals · Nov 8, 2024

-9- {¶ 15} Under the plain language of R.C. 3109.12(A), paternal grandparents are not qualified to seek court-ordered … R.C. 3109.12(A) “clearly requires demonstration of legal acknowledgment or legal paternity as provided by specific statutes, and the parties’ belief or attitude toward paternity . . . does not substitute for the statutory

Spaeth v. State Auto Mut. Ins. Co.

2012 Ohio 3813 · Ohio Court of Appeals · Aug 23, 2012

Landingham. {¶25} Once Spaeth established James’s domicile in Ohio, the burden then shifted to CIC. … “The law in this area is well-established: ‘a person is presumed to continue his old domicile until it is clearly shown that he has acquired a new one.’” Springfield v.

Dunn v. Ransom

2011 Ohio 4253 · Ohio Court of Appeals · Aug 18, 2011

See Evid.R. 702. {¶39} The Wyckoffs did not expressly ask the court to qualify Rhoads as an expert and thus he apparently testified as a lay witness. … E-09-020, 2010-Ohio-572 (“[t]hese families * * * engaged in numerous uses of the parcel for over three decades that were clearly open, notorious, continuous and adverse.” Id. at ¶27. (Emphasis added.)); Rice v.

Cline v. Martin

5 Ohio App. 90 · Ohio Court of Appeals · Dec 11, 1915

establishing fraud or gross and intentional abuse of discretion. … We think this doctrine is well established in this state, and we need only to cite the case of Probasco v.

Tax Comm. v. Livingood, Exr.

40 Ohio App. 543 · Ohio Court of Appeals · Feb 2, 1931

I direct that there shall, at all times, be five Trustees of this fund, and that if any individual above named as Trustee shall at any time fail to qualify, decline, die, resign, be removed or otherwise be incapable of acting … The provisions of Item XII of the will seem to us to be so clearly expressed that no other conclusion can be arrived at, but that it was so intended, and is a broadly expressed purely public charity.

State v. Lash

2017 Ohio 4065 · Ohio Court of Appeals · Jun 1, 2017

. {¶19} An excited utterance is a well-established exception to the hearsay rule. … Evid.R. 607, however, by its own plain language, does not apply to a statement qualified as a hearsay exception under Evid.R. 803 such as an excited utterance. See State v. Bell, 8th Dist.

State ex rel. Mt. Healthy Teachers' Ass'n v. Mt. Healthy Board of Education

54 Ohio App. 2d 235 · Ohio Court of Appeals · Jan 11, 1978

Appellant contends that paragraph 4 of the statute, *238 supra, clearly provides that a hoard may enter into a limited contract with any teacher who has been in its employ for less than three years, and thus the Mt. … Our audit of the record establishes that there was no basis for any monetary award below since there was no evidence adduced upon which the court could make such an award. Thus, the cross appellant’s assignment fails.

Royal Paper Stock Co. v. Meridian Insurance

94 Ohio App. 3d 327 · Ohio Court of Appeals · Apr 12, 1994

Appellant claims this test is insufficient to establish factually that O’Bryan was injured as a result of intentional misconduct. … The endorsement and underlying tort complaint constitute evidence clearly entitling appellee to judgment as a matter of law; therefore, appellee met its burden under Wing and Baughn, supra.

Smith v. Air-Ride, Unpublished Decision (3-27-2003)

Ohio Court of Appeals · Mar 27, 2003

this chapter." {¶ 21} R.C. 4123.01 (B)(2) defines "employer" to mean "[e]very person, firm, and private corporation * * * that (a) has in service one or more employees regularly in the same business or in or about the same establishment … No. 20 version of R.C. 3937.18 is the correct version, the policy still does not qualify as an automobile liability insurance policy subject to the requirements of R.C. 3937.18 .

In Re Kayla H.

175 Ohio App. 3d 192 · Ohio Court of Appeals · Nov 16, 2007

That case, however, and the Ohio Supreme Court’s subsequent settling of a conflict among appellate courts, In re C.R., 108 Ohio St.3d 369 , 2006-Ohio-1191 , 843 N.E.2d 1188 , clearly apply this rule only to transfers of legal … All the witnesses qualified as experts in sexual-offender treatment testified that pedophilia is a chronic condition.

State v. Setty

2014 Ohio 2340 · Ohio Court of Appeals · Jun 2, 2014

Appellant did not proffer any evidence on the record to demonstrate how Marion was not qualified to give an expert opinion in this matter. … And it clearly is not disproportionate to the nature of the offenses.

State v. Gamble

173 N.E.3d 132 · Ohio Court of Appeals · May 27, 2021

The appropriate mechanism to challenge the constitutional validity of the established policies, rules, or regulations established by the executive branch to fulfill its obligations created by the legislature, is through … In order to find that a statute is unconstitutional, courts must determine “‘beyond a reasonable doubt that the legislation and constitutional provisions are clearly incompatible.’” Id., quoting State ex rel.

State ex rel. Internatl. Assn. of Fire Fighters v. Barbish

192 N.E.3d 548 · Ohio Court of Appeals · Jun 27, 2022

relator must show some personal or 6 Case No. 2021-L-103 special interest in the subject matter, since he is regarded as the real party in interest and his rights must clearly … While death is clearly permanent and dismissal may be, neither retirement (as demonstrated in this case) nor promotion are necessarily permanent.

Purcell v. Schaefer

2014 Ohio 4894 · Ohio Court of Appeals · Nov 3, 2014

As such, we weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether in resolving conflicts in the evidence, the finder of fact "clearly lost its way and created such … "Relief from judgment may be granted based on newly discovered evidence, but similar to Civ.R. 59, evidence that could have been discovered prior to trial by the exercise of due diligence does not qualify as newly discovered

In re Timken Mercy Medical Center

4 Ohio App. Unrep. 389 · Ohio Court of Appeals · Jun 12, 1990

No. 88AP-478, unreported (1988 Opinions 4300, 4302), calling the proceeding qualified de novo but declining to decide the issue as it was not properly before the court. … Basically, they maintained that it might be difficult for Timken to obtain qualified personnel for a beginning program.

State ex rel. Arline v. Indus. Comm.

2024 Ohio 2463 · Ohio Court of Appeals · Jun 27, 2024

Therefore, she was clearly unaware of the hearing and therefore, did not appear. (Stip. at 37.) {¶ 30} 17. … In order to qualify for an extension of time to appeal under R.C. 4123.522, “the party alleging the failure to receive notice must first prove that (1) the failure of notice was due to circumstances beyond the party’s or

Wireman v. Wireman

2023 Ohio 3007 · Ohio Court of Appeals · Aug 28, 2023

Bath Local School District so long as one parent continues to reside in the district or the children are open enrolled there, or until the parties mutually agree to a different school district where the children would qualify … The children were not interviewed, due to their young ages. {¶29} The record establishes that both parties clearly love their children and that the children love both parents, have a good relationship with both

Starner v. Guardian Industries

143 Ohio App. 3d 461 · Ohio Court of Appeals · May 31, 2001

There is a dispute of fact as to whether Starner was qualified for the branch manager position. … Some of this conduct clearly was offensive and made her uncomfortable.

Dunham v. Ervin

2017 Ohio 7616 · Ohio Court of Appeals · Sep 14, 2017

No. 17AP-79 2 {¶ 3} On January 13, 2012, appellee filed a complaint to establish custody, parenting time, and child support. … Daulton, alleging "abus[e] of immunity," "antagonizing," and "check sitting." (Mot. for Recusal at 1.)