Case law

Johnston v. Shale Play Land Servs., Inc. & Taurus Corp. & Andrews

2024 Ohio 5934 · Ohio Court of Appeals · Dec 17, 2024

She argues this constituted fraud in the execution, which doctrine would render the deed void (rather than merely voidable) and thus immune from a bona fide purchaser argument by Taurus. {¶3} Appellant claims the … A holding which would substitute constructive notice, in the absence of a record, for actual knowledge, would clearly violate this statute . . .

State v. Sellers

2022 Ohio 581 · Ohio Court of Appeals · Feb 28, 2022

The trial Court abused its discretion when it improperly admitted opinion evidence from witnesses who had not been qualified or offered as experts all to the defendant’s prejudice. {¶15} “[3.] … “Plain error exists when it can be said that but for the error, the outcome of the trial would clearly have been otherwise.” State v. Issa, 93 Ohio St.3d 49, 56, 752 N.E.2d 904 (2001).

Jourdan v. Jourdan

216 N.E.3d 42 · Ohio Court of Appeals · May 31, 2023

After considering Mother’s testimony, the trial court did not find her explanation for her non-compliance with the court’s order to qualify as an emergency. … When service is attempted by certified mail, a signed receipt returned to the sender establishes a prima facie case of delivery to the addressee.” TCC Mgt., Inc. v. Clapp, 10th Dist.

State Automobile Insurance v. Pasquale

163 Ohio App. 3d 381 · Ohio Court of Appeals · Sep 16, 2005

to, or available for the regular use of a named insured, a spouse, or a resident relative of a named insured; {¶ 59} “(3) A motor vehicle owned by a political subdivision, unless the operator of the motor vehicle has an immunity … “It is well established that ‘in construing a statute, a court’s paramount concern is the legislative intent in enacting the statute.* * * In determining legislative intent, the court first looks to the language in the statute

Eastman v. FedEx Corp.

2014 Ohio 4213 · Ohio Court of Appeals · Sep 25, 2014

Second, there is clearly a limit to the breadth of the ADA’s preemption clause because some state law claims may affect airline fares or services “in too tenuous, remote, or peripheral a manner to have preemptive effect … It did not intend to immunize the airlines from liability for personal injuries caused by tortious conduct.” Charas, 160 F.3d at 1266 (emphasis in original).

State v. Douglas, Unpublished Decision (11-28-2005)

2005 Ohio 6304 · Ohio Court of Appeals · Nov 28, 2005

However, the issue of whether a prima facie case of intentional discrimination has been established need not be the subject of our review. In Hernandez v. … Upon review of the 911 call, Freeman was clearly upset and her call was clearly a call for help.

State v. Chapman

2019 Ohio 3339 · Ohio Court of Appeals · Aug 15, 2019

A field test established that the white substance was cocaine. … In Moore, the Ohio Supreme Court ruled the smell of burnt marijuana by a person qualified to recognize the odor is sufficient, in itself, to establish probable cause to conduct a search of the vehicle and the driver.

Mallory v. Ohio Univ., Unpublished Decision (12-20-2001)

Ohio Court of Appeals · Dec 20, 2001

the Ollman court described as a `well established genre' of opinionated speech." … Finally, "[i]f a defendant establishes all five elements for the application of a qualified privilege, a plaintiff can defeat its application only by showing by clear and convincing evidence that the defendant acted with

State v. Durdin

2014 Ohio 5759 · Ohio Court of Appeals · Dec 30, 2014

The SANE nurse stated that she has performed between 40 to 50 sexual assault examinations since becoming qualified as a SANE nurse in 2010. … The statement served a forensic or investigative purpose, as it established a fact which was relevant to a later prosecution.

State v. Clay

187 Ohio App. 3d 633 · Ohio Court of Appeals · Jun 14, 2010

.” {¶ 20} A reviewing court should be slow to interfere unless the court has clearly abused its discretion and a party has been materially prejudiced thereby. State v. … An alleged error “does not constitute a plain error * * * unless, but for the error, the outcome of the trial clearly would have been otherwise.” State v.

State v. Neil

2016 Ohio 4762 · Ohio Court of Appeals · Jun 30, 2016

Clearly, the evidence here establishes the robberies followed a similar pattern and were geographically linked such that evidence of one could have been introduced by the state in … Thus, there was sufficient evidence to establish that all of the elements of robbery, as defined under R.C. 2911.02(A)(2), were established.

Hunt v. Westlake City School District

100 Ohio App. 3d 233 · Ohio Court of Appeals · Jan 10, 1995

The majority states in relevant part as follows: “Herein, plaintiffs’ evidence established that the board allowed Hunt to relate the substance of her complaint in an executive session. … However, from Dinklocker’s testimony regarding the fact that no evidence was presented, no questions asked, no discussions held, and no formal decisions made, this meeting hardly qualifies as a hearing pursuant to Naylor

Cerreta v. Dept. of Commerce, 2008 Ca 00125 (4-13-2009)

2009 Ohio 1760 · Ohio Court of Appeals · Apr 13, 2009

The rules shall require that all appraisal experience performed after January 1, 1996, meet the uniform standards of professional practice established by the appraisal foundation. {¶ 38} "(b) Establishing the examination … a State certification and licensing system that appears to conform to the provisions of this chapter. {¶ 73} "(b) Temporary waiver of appraiser certification or licensing requirements for State having scarcity of qualified

Berezoski v. Ohio State Medical Board

48 Ohio App. 3d 231 · Ohio Court of Appeals · May 18, 1988

Revocation is clearly a disciplinary option available to the board where the holder of a medical license is convicted of a felony. … This is reflected by the above-quoted language of the trial court, the trial court’s earlier observation in its August 28,1987 opinion that Berezoski is “a highly qualified” surgeon whose “professional and personal record

Thompson v. City of Brook Park, Unpublished Decision (9-23-2004)

2004 Ohio 5024 · Ohio Court of Appeals · Sep 23, 2004

A qualified nuisance is premised upon negligence. To recover damages for a qualified nuisance, negligence must be averred and proven. Allen Freight Lines, Inc. v. Consol. Rail Corp. (1992), 64 Ohio St.3d 274 , 276 . … B {¶ 8} The court clearly erred when it stated its belief that Thompson himself had to testify and state that he struck the tire.

Cordle v. Industrial Commission, 08ap-62 (3-31-2009)

2009 Ohio 1551 · Ohio Court of Appeals · Mar 31, 2009

Therefore, relator failed to establish the first condition of eligibility — a change of occupation is medically advisable. … Cordle has not met the eligibility criteria established in Ohio Administrative Code Section 4121-3-25 (A)(1). This eligibility requirement is that Mr.

State ex rel. HCR ManorCare, Inc. v. Indus. Comm.

2026 Ohio 2271 · Ohio Court of Appeals · Jun 16, 2026

“[W]ork need not be regular or daily” to qualify as sustained. Id. “[I]ntermittent and occasional” or “part-time” work may qualify. Id. {¶ 31} In the present case, the employer argues the following: (1) Dr. … It is also true that part-time work may qualify as sustained remunerative employment. See State ex rel. Bonnlander at ¶ 15.

State v. Dunham

2014 Ohio 1042 · Ohio Court of Appeals · Mar 14, 2014

Gum, 7 Ohio App.3d 307, 311, 455 N.E.2d 307(8th Dist. 1983); Restatement of the Law, Torts 2d (1965), Section 431; Prosser & Keeton, Law of Torts (5 Ed.1984) 268, Section 41 (conduct qualifies as proximate cause if it is … However, the record must clearly demonstrate that consecutive sentences are not only appropriate, but are clearly supported by the record. See State v. Bonnell, 5th Dist.

Browne v. Walgreens, Unpublished Decision (12-5-2003)

2003 Ohio 6691 · Ohio Court of Appeals · Dec 5, 2003

Clearly, no employer would intend to have a teenager's foot mangled by machinery. However, that is not the relevant inquiry. … As a matter of law, only the trier of fact is qualified to answer these questions. Thus, the granting of summary judgment was improper. 2 Kunkler v. Goodyear Tire Rubber Co. (1988), 36 Ohio St.3d 135 , 139 . 3 Hannah v.

State v. Holdren

2021 Ohio 810 · Ohio Court of Appeals · Mar 15, 2021

“If testimony qualifies as nonhearsay, it does not implicate the Confrontation Clause.” State v. McKelton, 148 Ohio St.3d 261, 2016-Ohio-5735, 70 N.E.3d 508, ¶ 186, citing Crawford v. … evidence, an appellate court reviews the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly