Case law

State v. Brown

2014 Ohio 314 · Ohio Court of Appeals · Jan 30, 2014

17} R.C. 2152.12(C) provides that, before considering a discretionary transfer, "the juvenile court shall order an investigation * * * including a mental examination of the child by a public or private agency or a person qualified … LSC Final Bill Analysis, S.B. 179, at 38. {¶ 25} That is, the LSC, in describing the change in procedure implemented by S.B. 179, clearly understood that use of "division (A)" in the last sentence of (F)(2) meant

Carter v. Forestview Terrace, L.L.C.

2016 Ohio 5229 · Ohio Court of Appeals · Aug 4, 2016

We conclude that the General Assembly intended both to provide tenants with greater rights and to negate the previous tort immunities for landlords.” … The plaintiff must further establish proximate cause for the injuries sustained.

Badawi v. Ohio State Univ. Wexner Med. Ctr.

247 N.E.3d 999 · Ohio Court of Appeals · Jun 28, 2024

An abuse of discretion may also be found where a trial court “applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Thomas v. … “If the Court of Claims determines [an] employee is immune from liability, the claimant in the underlying action must assert his or her claims against the state and the state shall be liable for the employee’s deeds or omissions

Ange v. Parker-Hannifin Corp.

127 N.E.3d 522 · Ohio Court of Appeals · Jan 17, 2019

He does not do so. * * * [Parker Hannifin] offers [Ange’s] employment application as evidence to show that [Ange] was clearly aware that he was employed at-will. … The failure to * * * keep informed of the progress of an ongoing case does not qualify as excusable neglect”). See also Roberts v. Roberson, 8th Dist.

Roth v. Tokar Tower Office Condominiums Unit Owners' Assn. Inc.

207 N.E.3d 884 · Ohio Court of Appeals · Jan 31, 2023

Further, to qualify as a an “act of God,” such disaster “could not have been reasonably anticipated, guarded against or resisted.” Anderson v. Schar, 9th Dist. Wayne No. 97CA0004, 1997 WL 823970, *3. … Breach of Contract Claim {¶24} In order to establish an actionable claim for breach of contract, a party must establish the following elements of a breach of contract: the existence of an agreement, that the non-breaching

Artz v. Elizabeth Twp.

2014 Ohio 854 · Ohio Court of Appeals · Mar 7, 2014

The Artzs assert that “the erection and operation of the animal crematorium is incidental to the kennel, which has clearly been established as an agricultural use.” … The trial court merely indicated that if “an animal crematory does not fall within the operation of a cemetery as defined under the resolution, then plaintiffs would not qualify for a conditional use permit and cannot

Ho v. Evans

256 N.E.3d 897 · Ohio Court of Appeals · Oct 30, 2024

. {¶10} Significantly, given the magnitude of the right at stake—access to the courts— the elements of R.C. 2323.52(A)(3) must be established by clear and convincing evidence. Oppenheimer at ¶ 8. … (holding that “nuisance settlements,” failure to prosecute claims, and claims clearly unwarranted under existing Ohio law constituted vexatious conduct); State v. West, 2022-Ohio-2060, ¶ 32 (2d Dist.)

Nadel v. Burger King Corp.

119 Ohio App. 3d 578 · Ohio Court of Appeals · May 21, 1997

As to BK’s motion for summary judgment, BK alleges that it is immune under the statute because it is not a manufacturer, seller, or supplier of the coffee under R.C. 2307.71. … Therefore, BK qualifies as a “manufacturer” under the definition in R.C. 2307.71(1) for summary judgment purposes, when every factual benefit of the doubt is given to the Nadéis.

State v. Nero

2 Ohio App. Unrep. 171 · Ohio Court of Appeals · Apr 4, 1990

As clearly espoused by the Ohio Supreme Court in State v. … Where legislative intent is clearly expressed, the statute may not be restricted, constricted, qualified, narrowed, enlarged or abridged. Wachendorf v. Shaver (1948), 149 Ohio St. 231 .

Turner v. Univ. of Cincinnati

143 N.E.3d 605 · Ohio Court of Appeals · Jan 28, 2020

During this drive, near the outskirts of Cincinnati, for reasons not clearly presented in the summary judgment record,1 the car crashed, seriously injuring all of the occupants, including Turner. … jurisdiction to consider the motion for summary judgment before it as a matter of statute, since the University (a State institution) was alleged to be negligent based on the action of its employees, discussing issues of immunity

Albaugh v. Columbus Div. of Police

132 Ohio App. 3d 545 · Ohio Court of Appeals · Mar 30, 1999

A disparate impact on women as a result of such policy was clearly shown. … The Supreme Court stated that the proper comparison was between the racial composition of the at-issue jobs and the racial composition of the qualified population in the relevant labor market.

State v. Peoples

28 Ohio App. 2d 162 · Ohio Court of Appeals · Jun 15, 1971

Alvis, 103 Ohio App. 324 , is as follows: “A lawyer admitted to practice by the Ohio Supreme Court is presumed to be qualified to defend a client in a criminal prosecution, and, unless it clearly appears that a lawyer is … Defendants have offered nothing specific to establish how their trial counsel could effectively overcome the evidence presented against them at the trial, or what additional questions could have been asked of the state’s

Columbus v. Catudal

2019 Ohio 1137 · Ohio Court of Appeals · Mar 28, 2019

Add to all of that, whatever ordinances I am accused of violating, clearly conflicts with Ohio law, i.e., Revised Code 4511.204(C)(1). … We stated " '[i]t has long been established that "[i]n determining whether an ordinance is in 'conflict' with general laws, the test is whether the ordinance permits or licenses that which the statute forbids and prohibits

In re Adoption of P.S.

2022 Ohio 1657 · Ohio Court of Appeals · May 17, 2022

Id. {¶37} The Ohio Supreme Court qualified different child support orders in In re Adoption of B.I. … “Mother stated that the gifts were always clearly from Paternal Grandmother and not from Father.

State v. Abston

2022 Ohio 884 · Ohio Court of Appeals · Mar 21, 2022

Abston has not established that the trial court omitted -11- Case No. 7-21-04 anything at all in the colloquy, much less established any prejudice by the acceptance of his pleas … “An error qualifies as ‘plain error’ only if it is obvious and but for the error, the outcome of the proceeding clearly would have been otherwise.” Id.

Jacobs v. Gem City Building & Loan Ass'n

22 Ohio Law. Abs. 43 · Ohio Court of Appeals · Feb 13, 1936

The record clearly discloses that the loan association did make the contract as claimed by the defendants; that the one thing which caused it to refuse to go through with its agreement was the order of the Superintendent … When the ’agreement was consummated between the parties purposed to have the proceeds of the H.O.L.C. to take the place of the note and mortgage of defendants to the plaintiff, all parties were competent and qualified to

Gallant v. Toledo Public Schools

84 Ohio App. 3d 378 · Ohio Court of Appeals · Dec 18, 1992

violation of R.C. 4101.17 in an employment discharge action, a plaintiff-employee must demonstrate (1) that he or she was a member of the statutorily protected class, (2) that he or she was discharged, (3) that he or she was qualified … Furthermore, defendants TPS have set forth clearly nondiscriminatory reasons for Gallant’s nonrenewal. The record shows that Seyfang recorded at least nine observations of Gallant’s classroom over the school year.

Sabo v. State

31 Ohio App. 185 · Ohio Court of Appeals · Nov 26, 1928

the jury of the guilt of the accused, was conclusive of that fact, and the court possessed no power to set the verdict aside and grant a new trial on the merits, on the motion of the accused, even where the verdict was clearly … They are codifications of parts of the criminal code adopted in 1866, by an act entitled ‘An Act to establish a code of criminal procedure.’

In re Adoption of S.S.

2022 Ohio 1658 · Ohio Court of Appeals · May 17, 2022

Id. {¶37} The Ohio Supreme Court qualified different child support orders in In re Adoption of B.I. … “Mother stated that the gifts were always clearly from Paternal Grandmother and not from Father.

Rodriguez v. Rodriguez

2013 Ohio 5663 · Ohio Court of Appeals · Dec 23, 2013

which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) The standard of living of the parties established … paying her $250 per week in spousal support and provide for his own needs at the same time. {¶18} Teresa also argues that the magistrate erroneously found that she had additional business income when the testimony clearly