Case law

Carson v. Manubay

2023 Ohio 2015 · Ohio Court of Appeals · Jun 20, 2023

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 … of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified

Warner v. DMAX Ltd., L.L.C.

2015 Ohio 4406 · Ohio Court of Appeals · Oct 23, 2015

We also conclude that the trial court did not abuse its discretion by not informing the jury of its decision to grant a partial directed verdict, because the jury instructions clearly informed the jury of the issues for … If any assumed fact was not established by the greater weight of the evidence, you will decide the effect of that failure on the value of the opinions of the experts.

Patrolman "X" v. City of Toledo

132 Ohio App. 3d 374 · Ohio Court of Appeals · Feb 26, 1999

Leaks and Rumors The evidence in this case fails to clearly indicate when the plaintiffs background information was first leaked, nor does it indicate by whom. … In support of its motion for summary judgment, the City argues that it is immune from liability under this claim pursuant to R.C.

Kelley v. Buckley

193 Ohio App. 3d 11 · Ohio Court of Appeals · Mar 24, 2011

Thus, there are genuine issues of material fact as to whether Buckley represented Ferraro simultaneously with Lynn Kelley and thus whether the relationship was prima facie improper. {¶ 31} Nevertheless, the record clearly … Buckley’s misconduct (in representing Ferraro’s interests against his clients) would create the privilege and provide immunity from liability for the harm he allegedly caused Lynn Kelley as a result of that misconduct.

Tatarunas v. Progressive Cas. Ins. Co.

2025 Ohio 4372 · Ohio Court of Appeals · Sep 18, 2025

he was qualified for the position lost or not gained; and (4) the position remained open or was filled by a person not of the protected class.” … [Jackson]: I state clearly here diversity of thought. Furthermore, Jackson is of mixed-race heritage. Tatarunas, Simpson, and Davis are white.

State ex rel. Newsome v. Indus. Comm.

2014 Ohio 1643 · Ohio Court of Appeals · Apr 17, 2014

Under the circumstances, Gillotta's affidavit does not qualify as "some evidence" upon which the commission could rely in support of its order. … establishes that during the time in question, Mr.

State v. Chavez

2013 Ohio 4700 · Ohio Court of Appeals · Oct 24, 2013

evidence sustains the issue which is to be established before them. … arguments, it explained that attorneys are not required to follow their client’s advice, that his attorney was working hard and communicating frequently with the court and the state and that his counsel was a highly qualified

Buckles v. Buckles

46 Ohio App. 3d 102 · Ohio Court of Appeals · Mar 22, 1988

Buckles, age 12, as the child clearly did not elect to place his permanent custody with either party. “2. … are clearly not an election.

Clark v. City of Dublin, Unpublished Decision (3-28-2002)

Ohio Court of Appeals · Mar 28, 2002

of rights, privileges or immunities secured by the Constitution or laws of the United States." … adverse employment action; (3) he or she was qualified for the position held; and (4) comparable, nonprotected persons were treated more favorably.

In re D.N.O.

2013 Ohio 601 · Ohio Court of Appeals · Feb 19, 2013

He advised that he wished to establish visits with the child and arrange for child support. … In this regard, substantial justice would clearly not be served by setting aside the trial court’s findings and the final judgment of the trial court. Continental Ins. Co. v.

Mozingo v. 2007 Gaslight Ohio, L.L.C.

2012 Ohio 5157 · Ohio Court of Appeals · Nov 7, 2012

It was Mozingo’s burden to establish that he met all of the prerequisites for class action certification. Sliwinski v. Capital Properties Mgt. Ltd., 9th Dist. … “A determination by a trial court regarding class certification that is clearly outside the boundaries established by Civ.R. 23, or that suggests that the trial court did not conduct a rigorous analysis into whether or

State ex rel. Countryside Investors, L.L.C. v. Carroll Cty. Bd. of Commrs.

2015 Ohio 4344 · Ohio Court of Appeals · Oct 13, 2015

MWCD argues that similar facilities that are devoted to enjoyment by the general public have qualified as a “necessary building.” … Carroll County notes that the facility’s location is not in question as it is clearly located within the State of Ohio.

State v. Pullen, Unpublished Decision (11-14-2003)

2003 Ohio 6078 · Ohio Court of Appeals · Nov 14, 2003

"Plain error does not exist unless it can be said that but for the error, the outcome of the trial would clearly have been otherwise." … Accordingly, Dehus does not qualify as an expert witness in developing latent fingerprints. {¶ 23} Pullen's argument that Dehus is an expert in the area of forensic science misses the mark.

Hitchcock v. Delta Trust

2026 Ohio 600 · Ohio Court of Appeals · Feb 23, 2026

PAGE 17 OF 22 Case No. 2025-G-0026  {¶43} Finally, even the trial court’s claim in the 2011 foreclosure case that the sheriff should convey the property “free and clear” of encumbrances is qualified both by the … While these documents are some evidence that the deed restrictions might be in the chain of title, they are not sufficient to establish that fact as a matter of law.

State ex rel. Luken v. Corp. for Findlay Mkt. of Cincinnati

2012 Ohio 2074 · Ohio Court of Appeals · May 11, 2012

In Oriana House, 110 Ohio St.3d 456, 2006-Ohio-4854, 854 N.E.2d 193, the Ohio Supreme Court considered how to determine whether a private entity qualifies as a “public institution” under R.C. 149.011(A), and thus a “public … After all, the city still owns the property comprising the market, funds a huge percentage of the operation, and clearly desires its continued operation.

State Ex Rel. Bentley v. Industrial Comm., Unpublished Decision (12-20-2005)

2005 Ohio 6755 · Ohio Court of Appeals · Dec 20, 2005

The character of a permanent total disability award does not, however, mean that the award is completely immune from later review. … As to the latter, clearly, labor exchanged for pay is work.

Walter v. Marion Production Credit Assn.

42 Ohio App. 3d 215 · Ohio Court of Appeals · Dec 15, 1987

While there is some confusion as to the exact date, Walter met with Rose sometime in early May 1982 and executed the documents necessary to renew the 1981 loan and qualify for the 1982 loan. … While it may be argued that MPCA should not be held accountable for Walter’s failure to read the documents before he signed them, the facts clearly show that MPCA had established a fiduciary relationship with Walter over

Beswick Group N. Am., L.L.C. v. W. Res. Realty, L.L.C.

2017 Ohio 2853 · Ohio Court of Appeals · May 18, 2017

The trial court abused its discretion in denying [BGNA’s] motion to vacate judgment as there clearly was a showing of excusable neglect in the motion. II. … The failure to * * * keep informed of the progress of an ongoing case does not qualify as excusable neglect.”); Roberts v. Roberson, 8th Dist.

City of Hamilton v. Fairfield Township

112 Ohio App. 3d 255 · Ohio Court of Appeals · Jul 1, 1996

Title 7 of the Revised Code relates to municipal corporations, and the provisions applicable to townships are contained in Title 5 of the Revised Code. * * * Clearly, in Ohio, a township can not be a municipal corporation … As a practical matter, there is simply no way that any of the fourteen townships cited by Indian Springs could have qualified for incorporation under R.C. 709.50, because the seventy-five-day waiting periods specified by

State v. Young

2014 Ohio 1715 · Ohio Court of Appeals · Apr 23, 2014

Given that the jury clearly did not believe Mr. … We disagree that the trial court clearly applied a “bright line” rule when it determined that some of Mr. Young’s offenses do not merge.