Case law

State v. Hake

2025 Ohio 4622 · Ohio Court of Appeals · Oct 6, 2025

It is well established that when a trial court fails to rule on a motion, the appellate court will presume the trial court overruled the motion. State v. Young, 2006-Ohio-1784, ¶ 15 (12th Dist.). … If a defendant has the ability to retain a qualified attorney, the Sixth Amendment generally protects his choice of counsel. Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 625 (1989).

Schwartz v. Comcorp, Inc.

91 Ohio App. 3d 639 · Ohio Court of Appeals · Jan 14, 1993

Appellant established that he had received good reviews and bonus payments up to and through October 1988. The evidence also established that he was a diabetic and often experienced adverse symptoms from his illness. … Trial court’s application of strict prima facie case analysis was clearly erroneous as Appellant provided adequate evidence showing that he was replaced by a younger worker.”

Dibble v. Dibble, Admx.

88 Ohio App. 490 · Ohio Court of Appeals · Jan 23, 1950

. *492 Dibble was the duly appointed, qualified and acting administratrix with the will annexed, denied all the other allegations of the petition. … Dibble, was appointed by this court and qualified as the administratrix with the will annexed of Herbert L. Dibble, deceased. “4. The plaintiff, Inez F.

Lucio v. Safe Auto Insurance

183 Ohio App. 3d 849 · Ohio Court of Appeals · Sep 10, 2009

least in part, to establish both claims. … A predominance inquiry focuses on the legal or factual questions that qualify each class member’s case as a genuine controversy. Hoang v.

Masterson v. Brody

2022 Ohio 3429 · Ohio Court of Appeals · Sep 29, 2022

The complaint, which was not clearly drafted, set forth eight causes of action against the corporate and individual defendants. Four of the counts were alleged against the individual defendants. … The issue here involves whether medical testimony is necessary to establish proximate cause.

In re B.

2025 Ohio 2801 · Ohio Court of Appeals · Aug 8, 2025

Clear and convincing evidence is proof that produces in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established. … {¶ 21} Appellant next argues that appellee filing a contempt motion for mother’s alleged failure to facilitate parenting time with B and B’s companionship with Li.M. is contact with the divorce court and does not qualify

Landpor Contrs., Inc. v. C&D Disposal Tech. L.L.C.

2013 Ohio 1436 · Ohio Court of Appeals · Mar 28, 2013

THE PLAINTIFF’S MOTIONS WERE CLEARLY FILED OUT OF TIME. … Additionally, VanSickle stated that DEI determined in October 2005, that the grade of the landfill did not match the design grades established by URS.

State v. Primeau

2012 Ohio 5172 · Ohio Court of Appeals · Nov 8, 2012

Williams at ¶ 55. {¶45} In the instant case, the identity of the perpetrator is clearly a central issue. … No. 09-CAA-012-0102, 2010-Ohio-5814, ¶31 (when an officer relates out-of-court statements that establish the elements of the crime charged, the statements should not exceed that which is needed to establish a foundation

State v. Belle

2012 Ohio 3808 · Ohio Court of Appeals · Aug 23, 2012

Surely, engaging in sexual activity while on duty could qualify as inappropriate workplace behavior. … This evidence sufficiently establishes that force was used, and therefore, Belle’s position to the contrary is without merit. {¶19} Finally, we overrule Belle’s assignment of error that the verdict was against

Justice v. Smith

2020 Ohio 1068 · Ohio Court of Appeals · Mar 23, 2020

The testimony clearly established Justice relied upon Darwish paying the utilities and providing a residence while the two were in an established relationship. … Though I have reservations about whether three months is of sufficient duration to qualify as cohabitation; see Hartman v. Hartman, 9th Dist.

State v. Leiter

2017 Ohio 8537 · Ohio Court of Appeals · Nov 13, 2017

Moreover, the trial court did not clearly lose its way or create such a manifest miscarriage of justice that Leiter's convictions must be reversed and a new trial ordered. … To show prejudice, appellant must establish that, but for his trial counsel's errors, there is a reasonable probability that the result of his trial would have been different.

State v. Tribble, 07 Ma 205 (3-19-2009)

2009 Ohio 1311 · Ohio Court of Appeals · Mar 19, 2009

Appellant cannot succeed on appeal unless he successfully overcomes the fact that he was actually sentenced to five years in prison in his original sentencing entry, which means he needs to establish error in the imposition … Although certain programs were discussed and proposed at the sentencing hearing, the parties all recognized that Appellant might not qualify for them and might not be able to afford them.

Engle v. Ogburn, Unpublished Decision (12-15-1999)

Ohio Court of Appeals · Dec 15, 1999

may be asserted to establish nonliability: (5) The political subdivision is immune from liability if the injury, death or loss to persons or property resulted from the exercise of judgment or discretion in determining whether … Franks and other cases clearly state that a political subdivision may not be liable for a defectively designed roadway.

State v. Hirtzinger

124 Ohio App. 3d 40 · Ohio Court of Appeals · Oct 31, 1997

Hirtzinger was not qualified to authenticate the bill as a business record. Appellant further contends that this error was prejudicial and warrants reversal of the judgment below. … Clearly then, the trial court erred in allowing the evidence to be admitted. This determination does not end our analysis, however.

Latz v. Latz

2020 Ohio 5139 · Ohio Court of Appeals · Nov 2, 2020

Latz contends that the evidence established that Ms. … Latz could have presented to establish causation.

Calabrese v. Judy

2025 Ohio 5284 · Ohio Court of Appeals · Nov 24, 2025

Cocca-Fulton clearly expressed to Rainsberger that she needed to meet with husband privately at the facility, as she does with all clients, which was not a problem. … Rainsberger, was clearly designed to disinherit [wife] by facilitating the creation of an amendment to The Park D.

LRC Realty, Inc. v. B.E.B. Properties

118 N.E.3d 260 · Ohio Court of Appeals · Jul 23, 2018

Instead of an actual reservation of the right to receive rent, the majority holds that “[t]he ‘subject to’ language contained within the deed [transferring the property to Baker and Cyvas] * * * clearly indicates that … the estate granted, and that it is to that estate, so qualified, that the warranties apply”) (citation omitted); Davidson Land Co., LLC v.

Kaferle, Exr. v. MKT Holdings, L.L.C.

2018 Ohio 4208 · Ohio Court of Appeals · Oct 18, 2018

If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by … Thus, a party may “appear” through informal acts or contacts with the plaintiff or the court “that clearly express an intention to defend the lawsuit.”

In Re Knight

73 Ohio App. 547 · Ohio Court of Appeals · Feb 29, 1944

The récord clearly exemplifies what the petitioner desired to do at the time he entered his plea. … He desired only to enter a plea of guilty if it be qualified with mercy. He proffered such a plea. His counsel advised and acceded to this procedure and the prosecuting attorney accepted it.

Schmucker v. Kurzenberger

2011 Ohio 3741 · Ohio Court of Appeals · Aug 1, 2011

Bd. of Edn., 122 Ohio St.3d 12, 2009-Ohio-1360, the Supreme Court had cause to look at the meaning of the term “operation” as that word is used in the phrase “operation of a motor vehicle” and found in the statutory immunity … “It is well established that a party seeking to defend the trial court’s judgment, yet asking to modify its terms, must do so via filing a notice of cross-appeal.” Ware v. King, 3d Dist.