Case law

Waldron v. Edinger

2022 Ohio 4296 · Ohio Court of Appeals · Dec 1, 2022

In other words, appellant's estimate of the deviation between the two concrete slabs is in conflict with the established physical facts in the case. … Tr. at 31-32.) {¶ 32} Our review of the evidence shows that a portion of the concrete slab is partially obscured by vegetation to the very left edge, but the deviation in height between the concrete slabs are clearly

State ex rel. Solid Rock Ministries Internatl. v. Monroe

2022 Ohio 431 · Ohio Court of Appeals · Feb 14, 2022

Clearly, the earthen berm is not a "structure" under MCO Chapter 1446. … Solid Rock established it had a clear legal right and the City was under a clear legal duty to issue the violation notices to BEI.

Smith v. Safe Auto Ins. Co., L-07-1296 (11-7-2008)

2008 Ohio 5806 · Ohio Court of Appeals · Nov 7, 2008

The court was asked to determine whether Haifa, as a driver with an expired driver's license, was a "qualified licensed driver," as that term was used in the rental agreement. … The appraisal, however, clearly stated that the appraiser had no authority to authorize repairs.

Stout v. Columbia Gas of Ohio, Inc.

2021 Ohio 609 · Ohio Court of Appeals · Mar 5, 2021

after knowing that person is not responsible – for the sole purpose of conducting discovery in order to find the appropriate party,” contrary to Ohio law. {¶ 52} Regarding defamation, Stout argues that CGO was clearly … Mowery, 69 Ohio App.2d 75, 430 N.E.2d 960 (10th Dist.1980): An attorney has absolute immunity against a libel and slander action for statements made representing a client in the course of litigation

Difrangia v. Difrangia, Unpublished Decision (11-14-2003)

2003 Ohio 6090 · Ohio Court of Appeals · Nov 14, 2003

Whether the Trial Court erred as a matter of law, to the prejudice of the Appellant, by misapplying the rules governing the construction and interpretation of judgments." {¶ 8} In Ohio, it is well-established that "[p]ension … These provisions clearly demonstrate that the trial court did not intend to assign a fixed dollar value to the marital portion of Roger's pension, but rather assigned Patricia a percentage interest in that pension until a

Stephen Dev. Co. v. DTB Land Dev., L.L.C.

2012 Ohio 1493 · Ohio Court of Appeals · Mar 26, 2012

Stark County, Case No. 2011CA00153 6 {¶20} Appellee argues the specific omission of the "amount to be financed" with the language "to be determined" establishes … While I agree that that would generally be a jury decision, the information presented to the trial court so clearly points to the conclusion that reasonable financing was not available that I find no error in the granting

Waterville Gas Co. v. Mason

93 Ohio App. 3d 798 · Ohio Court of Appeals · Mar 31, 1994

This plan does not constitute income redistribution because those customers who qualify for the plan are still liable for any arrearages on their bills. There is no debt forgiveness. … Appellant argues that the above-quoted statements from the PUCO clearly show that the PUCO has authorized utility companies to file collection suits and to obtain judgment for arrearages owed by PIP customers even while the

Anderson v. Anderson, Unpublished Decision (9-29-2000)

Ohio Court of Appeals · Sep 29, 2000

Although the children were at one time behind on their immunization shots, appellant stated that he was, at first, inexperienced with children and overwhelmed, but they were now on schedule for their shots and that he was … a residence, or is planning to establish a residence, outside this state."

Marietta v. Washington Cty. Woman's Home Bd. of Trustees

161 N.E.3d 736 · Ohio Court of Appeals · Oct 26, 2020

The court thus concluded that the zoning ordinance could not “modify, restrict or qualify [Wagner’s] current use of the premises.” … Clearly, defendant could, with complete propriety, have leased the space in question to ‘more than three persons.’

Curley v. Wilcox

225 N.E.3d 1241 · Ohio Court of Appeals · Sep 29, 2023

Id., p. 14. {¶ 19} “The right to examine prospective jurors on their voir dire is granted to litigants in order to enable them to select a jury composed of men and women qualified and competent to judge and determine … The Supreme Court rejected this argument, holding that: if a proposed juror otherwise qualified expresses himself as being able to render a fair and impartial verdict on the evidence and under instructions

Youngstown City School Dist. Bd. of Edn. v. State

2017 Ohio 555 · Ohio Court of Appeals · Feb 16, 2017

ECOT's appeals for lack of jurisdiction. {¶ 36} Analyzing Youngstown's action according to the statute on jurisdiction, the first prong, R.C. 2505.02(B)(4)(a), is satisfied in this case because the trial court has clearly … "The injunction will seldom be disturbed unless the district court relied upon clearly erroneous findings of fact, improperly applied the governing law, or used an erroneous legal

State v. Garrett

2019 Ohio 750 · Ohio Court of Appeals · Mar 4, 2019

The established facts in the record do not support such an inference. … In other words, an inference must logically follow from facts established in the record. 3.

State v. Kurdi

203 N.E.3d 796 · Ohio Court of Appeals · Dec 12, 2022

The second prong requires the appellant to establish prejudice. … And only an evidentiary hearing will establish whether those claims are true.” Id.

Dieterle v. Bourne

40 Ohio Law. Abs. 550 · Ohio Court of Appeals · Jul 21, 1943

We followed our established practice and overruled the motion, provided appellant’s brief adequately disclosed the errors complained of. … Counsel for appellees urge that appellant’s brief did not qualify, even under this practice.

State v. Ford

2026 Ohio 348 · Ohio Court of Appeals · Feb 5, 2026

explained that “[the] court looks at the entire record and ‘“weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly … According to Ford, the State failed to demonstrate that the witnesses who estimated the value of the cigarettes were qualified to do so.

Citylink Center v. City of Cincinnati, Unpublished Decision (11-2-2007)

2007 Ohio 5873 · Ohio Court of Appeals · Nov 2, 2007

Jobs Plus will house its administrative office at CityLink and will provide its clients with job-placement services, including interview training and resume writing, which qualify as "personal instructional services" or an … Finally, the Lord's Gym, which will offer a fitness center and wellness programs to its clients, qualifies as "indoor or small-scale recreation and entertainment" as defined by the code.

Grable v. Haubert, Unpublished Decision (10-17-2001)

Ohio Court of Appeals · Oct 17, 2001

Grable provided Haubert with a list of qualified professionals who could remove the underground tanks. Mr. … After a careful review of the record, we cannot say that the trial court clearly lost its way and created a manifest miscarriage of justice.

State v. Hall, Unpublished Decision (3-31-2004)

2004 Ohio 1654 · Ohio Court of Appeals · Mar 31, 2004

Accordingly, we find that the state clearly established an independent source for the information that King was the purported owner of 1941 N. … Id. at 73. {¶ 54} Clearly, in the day of home and office computers, commonsense tells us that the fact that records and documents, which tend to establish control, ownership and interest in the subject business, were found

State v. Solivan, Unpublished Decision (11-8-2007)

2007 Ohio 5957 · Ohio Court of Appeals · Nov 8, 2007

Further, we cannot say that the harm sought to be avoided is greater than or at least equal to that sought to be prevented as it was not clearly established that defendant was being pursued and, more importantly, the forcible … the issue which is to be established before them.

Karabogias v. Zoltanski

2023 Ohio 227 · Ohio Court of Appeals · Jan 26, 2023

The trial court subsequently issued a Qualified Domestic Relations Order (“QDRO”) regarding the pension. … It is well established that “‘[a]n issue raised during oral argument for the first time and not assigned as error in an appellate brief is waived.’” D.H. v. J.C., 8th Dist.