Case law

Discover Bank v. Combs

2012 Ohio 3150 · Ohio Court of Appeals · Jul 9, 2012

No. 11CA25 7 “clearly raised genuine issues of fact regarding the case[.]” Id. at 7. … This is significant because [i]n order to recover money due, “[a]n account must show the name of the party charged and contain: (1) a beginning balance (zero, or a sum that can qualify

State, Ex Rel. Kohr v. Hooker

106 Ohio App. 1 · Ohio Court of Appeals · Aug 20, 1958

This section of the Revised Code clearly provides the remedy, of appeal for relators. … “The principle that an unliquidated claim will not be adjudicated in a mandamus proceeding is clearly set forth in 34 Amer.

State v. Ladson

2022 Ohio 3670 · Ohio Court of Appeals · Oct 13, 2022

Our review of the record shows that while Riggins was clearly agitated, Riggins and Ladson were not engaged in mutual combat. … Specifically, Ladson asserts that the state failed to establish the identity of the individual depicted shooting Riggins in surveillance footage.

Furnier v. Drury

163 Ohio App. 3d 793 · Ohio Court of Appeals · Dec 10, 2004

Drury, and Drury’s employer, defendant-appellee Qualified Emergency Specialists, Inc. … To the contrary, we held in the prior appeal that Furnier had presented substantial competent evidence to establish a prima facie case of medical malpractice. {¶ 13} Defense counsel’s remarks were clearly designed to arouse

State v. Keith, 1-06-46 (9-10-2007)

2007 Ohio 4632 · Ohio Court of Appeals · Sep 10, 2007

Specifically, Keith asserts that Officer Hammond was not qualified as an expert in order to testify about the procedures and results of the AFIS. … Therefore, even if there was error in admitting the disputed testimony, it was clearly not prejudicial to Keith, as he was found not guilty, even though he was identified in the videotape as one of the robbers of Lynn's.

Holman v. Wiser

228 N.E.3d 745 · Ohio Court of Appeals · Nov 13, 2023

appellate] court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of the witnesses and determines whether in resolving conflicts in the evidence, the [trier of fact] clearly … Id. at syllabus. {¶42} Even if this matter qualified as an exceptional case, we would not find plain error.

Career & Technical Assn. v. Auburn Vocational School Dist. Bd. of Edn.

194 N.E.3d 782 · Ohio Court of Appeals · Aug 8, 2022

Schultz was involved in establishing the Eighth Period Stipend. Mr. … a reasonable period of time as a fixed and established practice accepted by both parties.”

State v. Frye

2023 Ohio 4150 · Ohio Court of Appeals · Nov 17, 2023

The court, “reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether[,] in resolving conflicts in the evidence, the jury clearly lost … The documentary evidence established a 4  OHIO FIRST DISTRICT COURT OF APPEALS rape conviction on March 17, 2006, which made him a sexually oriented offender

Sander v. Country Brook Homeowners' Assn., Inc.

153 N.E.3d 565 · Ohio Court of Appeals · Apr 20, 2020

The magistrate construed the Declaration as permitting the Trustees to review and act upon applications for architectural changes in lieu of establishing a DRC. … Thus, a vote on an issue cast by telephone or by email would qualify as a "signed writing" under the statute. {¶ 17} The evidence reveals that upon receiving the Application and reviewing the architect's review

State v. Brazina

2017 Ohio 7500 · Ohio Court of Appeals · Aug 30, 2017

The masturbation incident was introduced to establish how Deputy Hawkins and Appellant knew each other. … However, those two statements alone are not sufficient to qualify as a protect the public finding.

State v. Sweeney

2026 Ohio 57 · Ohio Court of Appeals · Jan 9, 2026

We agree. {¶ 10} “Under R.C. 2925.51(A), in any criminal prosecution for a violation of Chapters 2925 (‘Drug Offenses’) or 3719 (‘Controlled Substances’), a qualifying laboratory report stating that the substance … In other words, our justice system relies on the party presentation rule to maintain the clearly defined role of the court.

State v. Johnson

2018 Ohio 1657 · Ohio Court of Appeals · Apr 27, 2018

“A juvenile who has committed a qualifying offense and who meets certain age requirements is automatically removed from the jurisdiction of the juvenile division and transferred to the adult court.” Id. at ¶ 2. … The defendant bears the burden to establish that R.C. 2941.25 prohibits multiple punishments. State v.

Frato v. Ohio Bureau of Employment Services

77 Ohio App. 3d 193 · Ohio Court of Appeals · Sep 16, 1991

Ohio courts have established that the role of the common pleas court when the appeal is based on factual grounds is limited to determining whether the board’s decision is supported by evidence in the record. … The board of review reasoned that, because appellee never actually delivered the medical release to Radio Shack, she had not complied with the proper procedure and, therefore, her separation qualified as a voluntary termination

State v. Walker

2011 Ohio 4239 · Ohio Court of Appeals · Aug 25, 2011

Defendant has not established a reasonable probability that the outcome of the trial would have been different had there been a competency hearing prior to the bench trial. … ”  19 {¶ 51} The Ohio Supreme Court recently established the proper analysis for determining whether offenses qualify as allied offenses subject to merger pursuant to R.C. 2941.25

Mitchell v. Lemmie, 21511 (10-26-2007)

2007 Ohio 5757 · Ohio Court of Appeals · Oct 26, 2007

When Mitchell asked if he was going to get the job, because he was the only candidate left and had been told he was qualified, Seege said that no decision had been made yet. … In explaining why an affirmative action plan would be considered direct evidence, the Eleventh Circuit noted that: *Page 31 {¶ 107} "Statements by decisionmakers clearly evincing discriminatory intent and obviating the need

State v. Hardin

2024 Ohio 2943 · Ohio Court of Appeals · Aug 2, 2024

To facilitate the scheme, appellant falsely represented himself to members of the public as a qualified, licensed funeral director. He was not. … Appellant did not appeal the balance of the convictions. {¶ 20} The record clearly shows that extensive, unrefuted testimony was given at trial from multiple detectives with the Columbus Police Department, a Lucas

Carter v. Trotwood-Madison City Bd. Ed., 22830 (4-10-2009)

2009 Ohio 1769 · Ohio Court of Appeals · Apr 10, 2009

The Board shall offer a retirement incentive to all qualifying unit members. {¶ 7} "2. … Chapter 4117 establishes new rights and contains a comprehensive framework for resolving public sector labor disputes. Id. at 169 .

Webb v. Webb

18 Ohio App. 2d 287 · Ohio Court of Appeals · Jun 19, 1969

The first contention is in contravention of the established law of this state, and the second is refuted by the record. … The two statutes are both concerned merely with the rights and duties flowing between a savings institution and its depositors, and with providing immunity for an institution *301 which pays out funds in accordance with a

In re Z.L.

2025 Ohio 4852 · Ohio Court of Appeals · Oct 23, 2025

At the time of trial, the children no longer qualified for temporary custody. As such, this finding is satisfied. c. … Rather, the record demonstrates that none of the children qualify for a planned-permanent-living arrangement.

Keehan v. Korenowski

95 N.E.3d 781 · Ohio Court of Appeals · Aug 2, 2017

Keehan argues that the “agent of an employer” language clearly indicates that the statute provides for individual liability. … To  11 establish a claim for wrongful discharge in violation of public policy, an employee must establish that: (1) a “clear public policy existed and was manifested in a