Case law

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.”

Lanham v. Franklin Township, Unpublished Decision (5-5-2003)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

State v. Carson

2025 Ohio 166 · Ohio Court of Appeals · Jan 23, 2025

Testimony and bodycam video established that C.M. was unconscious on the ground at the scene. Her medical records established she suffered loss of consciousness and a concussion. … A loss of consciousness qualifies as a temporary, substantial incapacity. In re D.C., 2022- Ohio-4086, ¶ 34 (8th Dist.). In State v.

Gordon v. Erie Islands Resort & Marina

2016 Ohio 7107 · Ohio Court of Appeals · Sep 30, 2016

Under the program, appellants established a number of procedures and preconditions as to the price, the creditworthiness of the prospective buyer, and other conditions of sale. {¶ 12} In 1994, the Gordons upgraded … The substantive elements of the class members’ claims require the same proof for each class member, and the class is clearly bound 22.

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

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

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.

Wegley v. Snyder

77 Ohio App. 241 · Ohio Court of Appeals · Apr 14, 1945

If the claimant is seeking compensation from an employer who has qualified to pay compensation direct * * *, or from an employer who has failed to. comply with this act, the defendant in such action shall be such employer … If there is any evidence tending to establish the liabilty of the individual defendant as proprietor of the filling station as to which he had not complied with the Act by paying into-the fund, he clearly is a proper and

State v. Singh

2021 Ohio 2158 · Ohio Court of Appeals · Jun 28, 2021

The prior version of the rule indicated that a child younger than ten needed his or her competency established prior to testifying. … making the necessary findings before imposing consecutive sentences. {¶50} Assignment of Error No. 5: {¶51} AS AMENDED BY THE REAGAN TOKES ACT, THE REVISED CODE'S SENTENCES FOR FIRST AND SECOND DEGREE QUALIFYING

State v. Dillard

173 Ohio App. 3d 373 · Ohio Court of Appeals · Oct 19, 2007

opinions regarding the hydraulic press were “not based on facts in the record or facts perceived by Agent Dratt * * * if he had qualified as an expert.” … Such a practice clearly emaciates the term ‘maximum’ and inherently adds to the confusion currently surrounding sentencing in Ohio.” Id. at ¶ 35.

Pelfrey v. Pelfrey, 2007 Ca 111 (6-20-2008)

2008 Ohio 3012 · Ohio Court of Appeals · Jun 20, 2008

of a professional degree of the other party; *Page 4 {¶ 18} "(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified … and drinks a twelve pack of Diet Coke every day. {¶ 31} While the Entry mistakenly characterizes Robb's debts as marital in contravention of the court's ruling from the bench, the error is harmless because the debts were clearly

U.S. Bank Natl. Assn. v. Lewis

2019 Ohio 3014 · Ohio Court of Appeals · Jul 25, 2019

The court also found that Lewis is immune from personal liability on the note by virtue of the bankruptcy case and therefore U.S. Bank is not entitled to a deficiency judgment. … judgment and foreclosure decree regardless of her detailed explanation of US Bank's violation of Ohio's loan fraud statutes, her attorney's negligence, her own excusable negligence and other qualifying

In re Estate of Taylor

2024 Ohio 1496 · Ohio Court of Appeals · Apr 19, 2024

In this context, our own district has agreed that “proceedings in probate court generally qualify as ‘special proceedings’ under the statute.” … The probate court has also established fees for various matters. See https:// www.mcohio.org/474/Fees (accessed on March 14, 2024).

State v. Jackson

2019 Ohio 4206 · Ohio Court of Appeals · Oct 14, 2019

Logan No. 8-04-13, 2004-Ohio-4806, ¶ 13 (holding "a sign must be in accordance with OMUTCD in order to qualify as an official sign under R.C. 4511.12" without stating whether a strict compliance or substantial compliance … This court's decision, however, established only that the traffic control device at issue did not conform to the standards set forth by the OMUTCD so as to support a conviction for failing to obey that traffic control device

State v. Nowlin, Ct2007-0008 (6-6-2008)

2008 Ohio 2830 · Ohio Court of Appeals · Jun 6, 2008

N.E.2d 492 . {¶ 18} The gist of appellant's "sufficiency" argument again centers on the fingerprint evidence, in the absence of which, appellant urges, his identity as the individual burglarizing the Ross home cannot be established … Furthermore, this Court has recognized that "[f]ingerprint cards do not qualify as being self-authenticating within the penumbra of Evid. R. 902." State v. Marini (May 2, 1985), Tuscarawas App. No.

Fonce v. Champion Twp.

2022 Ohio 1278 · Ohio Court of Appeals · Apr 18, 2022

It is also uncontested that she was qualified for the zoning inspector position. … Poppy, 2005-Ohio-2071 at ¶ 36. {¶67} Once again, it is uncontested that Appellant is a member of the protected class (a woman), and that she was qualified for the position. {¶68} To establish this claim, Appellant

State v. Riley

2025 Ohio 3276 · Ohio Court of Appeals · Sep 11, 2025

granted Riley’s motion and determined that the May 2025 nunc pro tunc entry presented a final, appealable order. 3 The trial court also noted that the Reagan Tokes Law provisions in R.C. 2929.144 applied to Count 1, a qualifying … Ohio case law has clearly established that a defendant’s juvenile record may be considered as part of an offender’s criminal conduct under R.C. 2929.14(C)(4) for the purposes of determining whether to impose consecutive

Eastley v. Volkman

2010 Ohio 4771 · Ohio Court of Appeals · Sep 23, 2010

But because the estate did not allege that Huffman qualified as one of the enumerated medical providers in R.C. 2305.113(E)(3), its ordinary negligence claim against her does not qualify as a “medical claim” under Scioto … If we presume the estate established by a preponderance of the evidence that Volkman’s prescriptions Scioto App.

State v. Taylor

2014 Ohio 3820 · Ohio Court of Appeals · Sep 4, 2014

. ¶ 53 (“Where there is no evidence to show that the state was aware that the witness would testify in a different manner than her prior statements, the element of surprise is established”). {¶16} Moreover, Walker … ’s statement that appellant was not the driver of the motorcycle was clearly in contradiction of the state’s trial position.