Case law

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.

State v. Vaughn

56 Ohio App. 145 · Ohio Court of Appeals · Feb 24, 1936

That mode of proceeding will not have for its object to establish the will, but to determine whether it may or may not have been improperly established by a competent court.” … In that country, and in this, chancery jurisdiction is as clearly defined as that of courts of law, and the chancellor has no more right to enlarge his power than a judge of a court of law.

State v. Jemison

2025 Ohio 5629 · Ohio Court of Appeals · Dec 18, 2025

Thus, under R.C. 2919.25(F)(1)(b), T.F. qualified as a “family or household member.” statute criminalizes knowingly attempting to cause physical harm. Parma v. … Based on the foregoing, we are unable to find that this is the exceptional case where the jury clearly lost its way and created a manifest miscarriage of justice such that a new trial should be ordered.

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.

Lanham v. Franklin Township, Unpublished Decision (5-5-2003)

Ohio Court of Appeals · May 5, 2003

To establish a Section 1983 claim, a plaintiff must show that (1) the conduct in question was committed by a person acting under color of state law, and (2) the conduct deprived the plaintiff of rights, privileges or immunities … Appellants' ninth claim for relief clearly sets forth a taxpayer derivative action. Appellants' complaint also sets forth a separate prayer for relief.

Platinum Restoration Contrs., Inc. v. Salti

231 N.E.3d 431 · Ohio Court of Appeals · Dec 7, 2023

As stated by the trial court, “[t]he failure to keep informed of the progress of an ongoing case does not qualify as excusable neglect.” See Garrett v. Gortz, 8th Dist. … Further, appellant’s affidavits established that he never received any court notices, including notice of the rescheduled trial date, which resulted in the final judgment against him.

Goodman v. Medmarc Ins.

2012 Ohio 4061 · Ohio Court of Appeals · Sep 6, 2012

The Court explained that “[i]f it is [the insurer’s] purpose to provide that a misstatement by the insured shall render the policy void ab initio, such facts must appear clearly and unambiguously from the terms of the … Id. at 218-219. {¶17} Boggs established a two-pronged test for determining whether a misstatement qualifies as a warranty. Am. Family Ins. Co. v. Johnson, 8th Dist. No. 93022, 2010-Ohio-1855, ¶16.

Mansfield Square, Ltd. v. Big Lots, Inc., 08ap-387 (12-9-2008)

2008 Ohio 6422 · Ohio Court of Appeals · Dec 9, 2008

Instead, plaintiff asserts this case qualifies as an exception to the statutes of frauds and is enforceable pursuant to promissory estoppel. … (Keglewitsch Depo., 106.) {¶ 20} Under well-established Ohio law, courts will give effect to the manifest intent of the parties where clear evidence demonstrates they do not intend the terms of an agreement to bind them until

State v. Benson

2019 Ohio 3255 · Ohio Court of Appeals · Aug 14, 2019

Jahn was also a crash reconstructionist and sought to qualify him as such. … It concerns the effect of the evidence on the reviewing court—leaving the distinct impression that the jury clearly lost its way. Id.

Charles Gruenspan Co. v. Thompson, Unpublished Decision (7-10-2003)

Ohio Court of Appeals · Jul 10, 2003

is a "body corporate and politic, see R.C. 3735.31 , and hence qualifies as a political subdivision. … That provision was clearly voidable. In Holeton v.

Premier Therapy, L.L.C v. Childs

2016 Ohio 7934 · Ohio Court of Appeals · Nov 18, 2016

Yet, they are not absolutely immune. Dombroski v. … (Tr. 999, 1064). {¶141} It would be difficult to conclude the jury clearly lost its way on the issue of the fair market value of Holander House.

In Re Estate of Svab

8 Ohio App. 2d 80 · Ohio Court of Appeals · Oct 11, 1966

There was evidence that established that the money deposited in account number B 2-2834 belonged to Josephine Svab. … The first of these is: If the party did sign the cards was she capable of doing so and qualified to make a legal contract.

State v. Denoyer

2021 Ohio 886 · Ohio Court of Appeals · Mar 22, 2021

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.’ ” Id. at ¶ 22, quoting Cross v. … Under R.C. 2929.144(B)(1), the maximum prison term for a qualifying felony of the second degree shall be equal to the “minimum term imposed * * * plus fifty per cent of that term.”

SHJ Co. v. Avani Hospitality & Fin., L.L.C.

187 N.E.3d 1121 · Ohio Court of Appeals · Apr 7, 2022

To establish that the debtor is entitled to relief from judgment on a cognovit note, the debtor “need only establish (1) a meritorious defense and (2) that the motion was timely made.” Buzby at id. citing Buehler v. … Ashley is clearly distinguishable from this case.

Berardi v. Ohio Turnpike Comm.

1 Ohio App. 2d 365 · Ohio Court of Appeals · Feb 25, 1965

We can discern no evidence in the record other than that which clearly and convincingly shows that the parties to the contract intended that the access rights called for therein were to be a charge upon the land and thereby … “A tax title is a new and independent title, and has its source in the state, which alone may impose restrictions and exceptions qualifying the title invested in the purchaser. * * * (Í # # * “The Code provides that the purchaser

Young v. Guella

67 Ohio App. 11 · Ohio Court of Appeals · Mar 19, 1941

To qualify assignees and appoint -and qualify trustees and commissioners of insolvent debtors, control their conduct and settle their accounts; “8. … The remedy of vacation of a judgment of the Probate Court by the Probate Court under favor *19 of statutory authority is, unless the contrary clearly appears from the plain wording of the statutes, merely cumulative of the

Lemay v. Univ. of Toledo Med. Ctr.

2018 Ohio 1311 · Ohio Court of Appeals · Apr 5, 2018

The Court of Claims then looked at the issue of qualified privilege. … (Lemay Brief at 5.) {¶ 50} Expressions of opinion are immune from liability under the Ohio Constitution as a valid exercise of freedom of the press. Vail v.

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

Albert v. Trumbell County Bd. of Mental, Unpublished Decision (9-9-1999)

Ohio Court of Appeals · Sep 9, 1999

R.C. 2744.02 (B) sets forth five exceptions to the general grant of immunity accorded to political subdivisions. Of these, R.C. 2744.02 (B)(1) through (4) were clearly inapposite as applied to the case at bar. … In the instant matter, appellant contends that R.C. 2744.02 (B)(5) operated to negate the immunity of the Trumbull County Board, while R.C. 2744.03 (A)(6) functioned in a similar fashion to negate the immunity of Douglas

Barach v. Ohio Counselor & Social Worker Board

102 Ohio App. 3d 726 · Ohio Court of Appeals · May 17, 1995

committee in accordance with division (C) of section 4757.06 of the Revised Code, issue a license as a social worker to any person who has: “(1) Properly completed an application for a license; “(2) Paid the required fee established … However, the board refused to credit appellant with the hours for those courses based *732 upon its expert witness’s unsupported opinion that such courses were of insufficient depth to qualify for licensure.