Case law

K.L.B. v. M.T.B.

2025 Ohio 2445 · Ohio Court of Appeals · Jul 10, 2025

Upon review of his trial testimony, however, it is apparent that Blaugrund was unable to qualify Michael’s share of ownership interest in Southwest Urology. Tr. 27:3-14 (Apr. 27, 2023). … Nothing within Blaugrund’s testimony established that Michael held an interest in Southwest Urology.

State ex rel. Maynard v. Medina Cty. Facilities Taskforce Subcommittee

2020 Ohio 5561 · Ohio Court of Appeals · Dec 7, 2020

. {¶ 9} Maynard argues that the “[t]rial [c]ourt erred in dismissing [his] [c]omplaint without any discovery at all, particularly [because] the information before the [c]ourt clearly evidenced at least one violation … complaint to be true, and drawing all reasonable inferences from the balance of the Civ.R. 12(C) record in Maynard’s favor, Respondents did not meet their burden to demonstrate that Maynard could not prove any set of facts establishing

Snowden v. Ekeh

2016 Ohio 4976 · Ohio Court of Appeals · Jul 15, 2016

Furthermore, the use of the affidavit was clearly prejudicial, as WSP used it to attack Dr. … This was clearly erroneous.

Whipple v. Froehlich

2014 Ohio 658 · Ohio Court of Appeals · Feb 21, 2014

Clearly in fashioning the damages award, the trial court subtracted the realized amount, $153,000.00, from the real estate purchase contract price of the first sale, $222,000.00. … Bray, 46 Ohio App.3d 49, 50 (6th Dist.1988). {¶18} Appellant argues the actual value of the two parcels and the business vis- á-vis the final sale price has not been established by the evidence.

In Re Interiors Specialists, Inc.

75 Ohio App. 3d 1 · Ohio Court of Appeals · Jul 11, 1991

In the present case the hearing examiner for DAS concluded, based upon the evidence presented at hearing, that appellant did not qualify as a minority owned and controlled business as defined under R.C. 122.71 and as provided … In affirming the order of DAS, the trial court held that the record “ * * * clearly establishes that the decision by the DAS to deny appellant’s for MBE certification was supported by reliable, probative, and substantial

State ex rel. Honda of Am. Mfg., Inc. v. Indus. Comm.

2017 Ohio 2627 · Ohio Court of Appeals · May 2, 2017

Questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as the fact finder. State ex rel. Teece v. Indus. … Furthermore, questions of credibility and the weight to be given evidence are clearly within the discretion of the commission as fact finder. State ex rel. Teece v. Indus.

Tarver v. Calex Corp.

125 Ohio App. 3d 468 · Ohio Court of Appeals · Jan 29, 1998

This plaintiffs allegations, if proven, would clearly establish that she was harassed solely because she is female, and that is the very evil against which Title VII protects.” (Emphasis sic.) … Appellants further contend that “[a]n individual qualifies as an ‘employer’ under Title VII if he or she serves in a supervisory position and exercises significant control over the plaintiffs hiring, firing or conditions

State v. Calise

2012 Ohio 4797 · Ohio Court of Appeals · Oct 17, 2012

Lloyd was not qualified to make. See Evid.R. 702(B). Second, the court determined that Dr. … Lloyd qualifies as an expert of biomechanics. Dr. Lloyd holds a doctorate in ergonomics.

State v. Woodard

2023 Ohio 1989 · Ohio Court of Appeals · Jun 16, 2023

Therefore, we believe it 3  OHIO FIRST DISTRICT COURT OF APPEALS qualifies for assault under R.C. 2903.13 for the jury to consider.” … But because testimonial and video evidence played at trial clearly established that Woodard punched Killings, defense counsel requested that the judge charge the jury on the lesser-included offense of misdemeanor assault

Bibbs v. Cinergy Corp. [Fn1] , Unpublished Decision (4-12-2002)

Ohio Court of Appeals · Apr 12, 2002

Exceptions to that immunity are found in R.C. 2744.02 (B). … These provisions clearly remove the shield of immunity from MSD. Immunity is re-established, however, if one of the defenses or immunities listed in R.C. 2744.03 is applicable.

State v. Goins

2015 Ohio 3121 · Ohio Court of Appeals · Aug 4, 2015

Further, the evidence established a DNA match between the swabs included in C.G.' … Clear and convincing evidence establishes that the record supports the sentence and that the sentence is not contrary to law.

MacHnics v. Sloe, 2007-G-2784 (3-14-2008)

2008 Ohio 1133 · Ohio Court of Appeals · Mar 14, 2008

evidence," but not to the extent of such certainty as is required "beyond a reasonable doubt" in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established … delineating parking spaces upon the property, due to the failure to provide him with his constitutional right to a jury trial. {¶ 56} As previously addressed, the instant matter is a civil contempt case which does not qualify

Burlovic v. Farmer, Admr.

96 Ohio App. 403 · Ohio Court of Appeals · Nov 9, 1953

Farmer is the duly qualified administrator of the estate of Joseph T. Bnrlovic, deceased; “2. … It is made on an ex parte investigation and clearly binds no one. Where no exceptions are filed to it, there is no judicial inquiry at all.

Cahill v. Ohio Tax Commr.

2016 Ohio 7648 · Ohio Court of Appeals · Nov 7, 2016

Chapter 2743 establishing the Court of Claims in which the state could be sued for money damages and the immunity of state employees could be determined. … ‘Therefore, challenged legislation will not be invalidated unless the challenger establishes the unconstitutional nature of the statute beyond a reasonable doubt.’

Halliday v. Bd. of Dirs. of the Mental Health & Recovery Bd. of Erie & Ottawa Ctys.

2020 Ohio 702 · Ohio Court of Appeals · Feb 28, 2020

The Board and its members also filed a motion for summary judgment arguing, inter alia, there is no evidence the statements were false, the Board and its members are immune and the Board members did not act recklessly or … He stated “Firelands has said some things about me in writing that are clearly incorrect. * * * As it says in the paper, [Firelands] alleged that certain funds of money were not given to them because of a staff mathematical

State v. Finley

2024 Ohio 2636 · Ohio Court of Appeals · Jul 11, 2024

The guilty verdict cannot be upheld because the evidence and testimony presented at trial did not establish the appellant’s guilt beyond a reasonable doubt. … According to appellant, he was “guaranteed the right to two . . . qualified attorneys to represent him” because of the aggravated murder charge. Appellant does not provide a citation for his contention.

Ross, a Minor v. Stricker

85 Ohio App. 56 · Ohio Court of Appeals · Apr 4, 1949

After being thus qualified, he was shown these photographs, taken by the Cincinnati Police Officers, and was permitted to give testimony based .solely on his inspection of these photographs. … Another well-established exception to the opinion evidence rule is that in matters more within the common observation and experience of men, nonexperts may, in cases where it is not practicable to place before the jury all

State v. Barnes

2020 Ohio 3943 · Ohio Court of Appeals · Jul 28, 2020

He also testified he didn’t remember seeing Domonique Brown at the apartment but qualified his testimony by stating he is very busy and doesn’t see everyone that comes and goes. {¶10} Finally, Krystal Soles and Laurel … Thus, we will only interfere if the fact finder clearly lost its way and created a manifest miscarriage of justice.

Watson v. Osborn

51 Ohio Law. Abs. 569 · Ohio Court of Appeals · Jul 6, 1948

The entering of judgment in favor of both defendants on both causes of action is clearly erroneous. … The facts pleaded in the second cause of action of the second amended petition come clearly within the rule as thus stated.

State v. Jackson

2026 Ohio 1486 · Ohio Court of Appeals · Apr 16, 2026

Moore, 90 Ohio St. 3d 47, 49 (2000), the Supreme Court of Ohio held that the smell of marijuana, alone, by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle, … trial tactics do not establish ineffective assistance of counsel.’ ” State v.