Case law

Burger Dynasty, Inc. v. Bar 145 Franchising, L.L.C.

2019 Ohio 4006 · Ohio Court of Appeals · Sep 30, 2019

Therefore, as the FDD qualifies as a business opportunity plan appellees were required to meet the requirements of BOPA or meet an exemption. … Appellees have the burden of establishing that the omission was due to such an error by a preponderance of the evidence.

State v. Foster

185 Ohio App. 3d 117 · Ohio Court of Appeals · Nov 25, 2009

Foster worked in conjunction with Ace in order to induce Argent, a subprime mortgage lender, to provide home loans to individuals who did not actually qualify. … issue which is to be established before them.”

Patterson v. Ravens-Metal Products, Inc.

72 Ohio App. 3d 216 · Ohio Court of Appeals · Jan 22, 1991

The trial court’s instruction clearly comports with the law of this state and apparently satisfies the gist of the plaintiff’s complaint. … Plaintiff argues on appeal that defense counsel failed to qualify the witness as an expert prior to this testimony. See Evid.R. 702.

Capital One Bank (USA) N.A. v. Ryan

2014 Ohio 3932 · Ohio Court of Appeals · Sep 11, 2014

Although "[i]t begins with a balance preferably at zero, or with a sum recited that can qualify as an account stated," the balance "at least * * * should be a provable sum. … No. 98753, 2013-Ohio-1041, ¶ 12. {¶ 42} In his tenth assignment of error, Ryan asserts that that the "Record lacks a copy of any alleged agreement clearly between Appellant and the Capital One Bank" and contends that

Parma Hts. v. Owca

2017 Ohio 179 · Ohio Court of Appeals · Jan 19, 2017

The trial court was merely stating that the arresting officer’s testimony at that juncture established probable cause. … The plain language of the statute clearly includes drugs of abuse or more specifically, as relevant to the second count, marijuana metabolite in certain concentrations. {¶49} The evidence submitted at trial showed

State v. Sullivan

2014 Ohio 1443 · Ohio Court of Appeals · Apr 3, 2014

Id. at 26. {¶ 35} Clearly, the Terry rationale does not justify the attachment and monitoring of a GPS tracking device. … Indeed, the state's evidence establishes that the sole purpose of attaching and monitoring the GPS device was to aid in the investigation.

Kramer v. Alvis, Warden

103 Ohio App. 324 · Ohio Court of Appeals · Apr 12, 1956

Wear to devote most of his argument to the contention that the evidence established only a burglary in the daytime. Good lawyers might well differ as to this strategy. Mr. … We have always indulged the presumption that any lawyer who has been admitted by our Supreme Court to practice law is qualified to defend a client against a criminal prosecution.

State v. Crozier, Unpublished Decision (2-21-2001)

Ohio Court of Appeals · Feb 21, 2001

We find the statements qualified under Evid.R. 803(4). … Based upon the facts presented, we find no violation of Dever nor any error by the trial court in permitting the complained of testimony as the record clearly establishes the hospital setting and the general trustworthiness

In Re Guardianship of Thomas, 06 Mo 7 (5-12-2008)

2008 Ohio 2409 · Ohio Court of Appeals · May 12, 2008

The guardian loses its immunity from liability by not acting in good faith. The probate court made what appears to be a finding of a lack of good faith. … A judgment in which personal jurisdiction has not been properly established is void ab initio. Money Tree Loan Co. v.

State v. Smith

2021 Ohio 2866 · Ohio Court of Appeals · Aug 10, 2021

Under R.C. 2925.51(A), in any criminal prosecution for a violation of Chapters 2925 (“Drug Offenses”) or 3719 (“Controlled Substances”), a qualifying laboratory report stating that the substance that is the basis of the … As indicated above, just because Appellant qualified for appointed counsel does not mean that the trial court would have again found him indigent with no present or future ability to pay fines.

State v. Talbert

2025 Ohio 3116 · Ohio Court of Appeals · Sep 2, 2025

The writing judge’s point that the authority emphasizing these factors is now qualified by amended R.C. 2929.11 is duly noted. … The statute merely establishes one specific procedure by which the court may disapprove transitional control after the DRC provides notice—it does not establish this as the exclusive means for doing so.

Ohio Am. Health Care, Inc. v. Ohio Bd. of Nursing

2014 Ohio 2422 · Ohio Court of Appeals · Jun 5, 2014

unqualified individuals other than the program administrator to have authority over aspects of the program in violation of Ohio Adm.Code 4723-5-09(B); (11) at the time of the third notice, had faculty members who were not qualified … The possible penalties of withdrawal of conditional approval and denial of full approval are clearly stated in the statute and accompanying rule, and, as stated above, were warranted here.

Beavercreek v. Levalley, 06-Ca-51 (4-27-2007)

2007 Ohio 2105 · Ohio Court of Appeals · Apr 27, 2007

Nor does the existence of uncalled witnesses establish that LeValley's convictions are contrary to law. Moreover, the affidavits do not qualify as newly discovered evidence. … evidence, an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider witness credibility, and determine whether, in resolving conflicts in the evidence, the trier of fact "clearly

State v. Rohrer, Unpublished Decision (5-21-1998)

Ohio Court of Appeals · May 21, 1998

II THE PROSECUTION'S EVIDENCE IN THIS CASE, IF TAKEN AT FACE VALUE, ESTABLISHED NOTHING MORE THAN THE CRIME OF DISORDERLY CONDUCT. I Appellant claims the trial court erred in admitting Mrs. … weight, a reviewing court is to examine the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine "whether in resolving conflicts in the evidence, the jury clearly

Sholes v. Agency Rent-A-Car, Inc.

76 Ohio App. 3d 349 · Ohio Court of Appeals · Nov 25, 1991

The handbook terms clearly indicate that Agency intended to maintain the at-will relationship, and did not obligate itself to discharge employees only for just cause. … (Tex.App.1988), 757 S.W.2d 48 (detrimental reliance established where plaintiff signed an employment contract, quit his then-current employment, and the new employer refused to hire him).

Smith v. Promedica Health, Unpublished Decision (8-17-2007)

2007 Ohio 4189 · Ohio Court of Appeals · Aug 17, 2007

The court also determined that appellants had failed to establish a prima facie case of negligence or causation under certain statutes. {¶ 6} Appellants now appeal from that judgment, arguing the following two assignments … Payne's experience, training, and expertise clearly overlapped with those of the internist and attending surgical physician in this case, since both the internist and the surgeon would have the basic knowledge and training

In re H.M.

2019 Ohio 3721 · Ohio Court of Appeals · Sep 16, 2019

The swallowing therapist opined that this was leading to issues with S.M.’s immune system. … sustains the issue which is to be established before them.

Campbell v. Brotherhood of Railroad Trainmen

4 Ohio App. 2d 81 · Ohio Court of Appeals · Oct 28, 1965

of this state and by the courts of other states, that the members of a fraternal association by adopting a constitution and by-laws and providing reasonable rules and regulations for settling their own disputes, and by establishing … As to the April 1, 1960, pay raise, there is no evidence that plaintiff qualified for the raise by performing any additional duties after his return to work.

In re K.S.R.

2012 Ohio 6217 · Ohio Court of Appeals · Dec 31, 2012

. {¶14} “(c) The court was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised Code or as both a juvenile offender registrant and a public registry-qualified juvenile … “It is well established that ‘the failure to object [at the trial court level] constitutes a waiver of any claim of error relative thereto, unless, but for the error, the outcome of the [proceeding] clearly would have been

State v. Hill

2016 Ohio 5205 · Ohio Court of Appeals · Aug 2, 2016

The testimony must establish that Hill had a prior plan or calculation to kill the passenger for Hill to be guilty of aggravated murder of the passenger. … The majority states in its decision that there was no testimony establishing that Hill had a prior plan or calculation to kill the passenger of the vehicle rather than the driver.