Case law

Marchese Concrete Co., Inc. v. Derubba, Unpublished Decision (1-27-2006)

2006 Ohio 330 · Ohio Court of Appeals · Jan 27, 2006

Consumers Ohio Water Co. to establish what the trial court's objective should be. … of the parties to the agreement. * * * When the language of a written contract is clear, a court may look no further than the writing itself to find the intent of the parties." 4 {¶ 24} In this case, the written contract clearly

State v. Sales

203 N.E.3d 116 · Ohio Court of Appeals · Dec 5, 2022

The record therefore plainly establishes that the trial court complied with the statutory requirements set forth in R.C. 2943.031(A). … The trial court, however, clearly found both Sales' and Sales' mother's allegations levied against Sales' attorney lacked credibility, were unsupported by the record, and/or were incorrect as a matter of law.

Wallace v. Mantych Metalworking

189 Ohio App. 3d 25 · Ohio Court of Appeals · Aug 13, 2010

Examiners (C.A.6, 2000), 225 F.3d 620, 627, fn. 12 . {¶ 20} Having reviewed the relevant law, we turn now to the evidence. {¶ 21} First, we have little difficulty finding that the evidence establishes a qualifying physical … We agree that such a public policy clearly exists and is manifest in HIPAA, among other places. {¶ 42} The Ohio Supreme Court has expressly recognized this public policy.

State v. Hickman, Unpublished Decision (7-3-2002)

Ohio Court of Appeals · Jul 3, 2002

The trial court found that no evidence was presented that established that the display was impermissibly suggestive. … Special education or certification is not necessary to qualify a witness as an expert. Hartman , 93 Ohio St.3d at 285 .

Wrg Servs. v. Eilers, 2008-L-057 (11-7-2008)

2008 Ohio 5854 · Ohio Court of Appeals · Nov 7, 2008

The clause provided: {¶ 16} "A customer surcharge of $2.49 shall be assessed at the location referenced on qualified ATM transactions (approved cash withdrawals). … Thus, WRG presented substantial evidence to the jury to establish that the profits it lost were not remote or speculative and could be shown with reasonable certainty.

State v. Armstead

2021 Ohio 4000 · Ohio Court of Appeals · Nov 10, 2021

Once an appropriate nonpropensity purpose is established, the court must conduct an Evid.R. 403(A) analysis and determine whether the probative value of the evidence is substantially outweighed by the danger of unfair … APPEALS (iii) An attempt to commit, complicity in committing, or a conspiracy to commit an offense of the type described in divisions (A)(3)(a) and (b) of this section. {¶43} A cell phone qualifies

Jones v. Unican Ohio, L.L.C.

187 N.E.3d 1093 · Ohio Court of Appeals · Mar 24, 2022

Plaintiff’s Exhibit 1 clearly states that this — first paragraph: This agreement is entered into on the 1st day of August 2012 between Lynn Jones of Chardon, Ohio, hereinafter referred to as, quote, Jones, and Industrias, … class; (2) was subject to an adverse employment decision; (3) is qualified for the position, and (4) was replaced by a substantially younger person or that a similarly situated nonprotected employee was treated more favorably

In re K.K.

2023 Ohio 400 · Ohio Court of Appeals · Feb 13, 2023

Id. {¶50} Father cannot establish any error, plain or otherwise, when the juvenile court did not sua sponte grant a six-month continuance of the permanent custody proceedings. … However, the testimony shows that Mother and Father did not qualify for that program due to their inability to clean and maintain a safe home.

Springfield v. Palco Invest. Co., Inc.

2013 Ohio 2348 · Ohio Court of Appeals · Jun 7, 2013

evidence sustains the issue which is to be established before them. … established by the City at trial. {¶ 83} We disagree with the trial court that Denune’s sole control of Palco, by itself, was sufficient to establish that Denune was the “alter ego” of Palco.

State v. Hubbard

2023 Ohio 3468 · Ohio Court of Appeals · Sep 28, 2023

Assignment of Error Four: As amended by the Reagan Tokes Act, the Revised Code’s sentences for first and second degree qualifying felonies violates the constitutions of the United States and the state of … The history between these parties establishes a motive that Price and Hubbard had reason to retaliate against Moore.

Patrick v. Patrick

2025 Ohio 1709 · Ohio Court of Appeals · May 12, 2025

manifest weight, the appellate court must weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the finder of fact clearly … education, training, or earning ability 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

State v. Kirk

2019 Ohio 3887 · Ohio Court of Appeals · Sep 26, 2019

We note that a trial court’s findings of no discriminatory intent will not be reversed on appeal unless clearly erroneous. Hernandez at 583, citing Hernandez v. … At the first two trials, the state of Mississippi used its peremptory strikes on all of the qualified black prospective jurors.

State v. Ward

2016 Ohio 5354 · Ohio Court of Appeals · Aug 12, 2016

Although Ward has not raised a hearsay argument on appeal, we harbor no doubt that Daniel’s statements qualified as excited  -15 … For this reason, the statements were clearly non-testimonial and it was proper for the trial court to allow them into evidence.”); see also Cleveland v. Merritt, 8th Dist.

Cleveland v. St. Elizabeth Health Ctr.

2012 Ohio 1472 · Ohio Court of Appeals · Mar 28, 2012

”  -2- {¶9} Appellant argues here that the evidence clearly established that Dr. Collier was negligent. He contends that Dr. … Collier’s conviction was clearly admissible. But the Rule does not provide for admitting the factual allegations surrounding a conviction.

Bender v. Durrani

240 N.E.3d 975 · Ohio Court of Appeals · Apr 3, 2024

Shanti had told him “during your time at CAST,” which clearly involves a general timeframe. … And as discussed above, Saini was qualified to testify that based on his review of the imaging, the surgery never should have happened.

Miles v. Cleveland Clinic Health Sys. E. Region

2025 Ohio 5628 · Ohio Court of Appeals · Dec 18, 2025

Prior Appeal During the discovery phase of the litigation, the trial court ruled that Miles’s medical expert witness was not qualified to offer standard-of-care opinions and, pursuant to that decision, … The trial court’s ruling on plaintiff’s Batson challenge was not clearly erroneous, and thus, Miles’s second assignment of error is overruled. III.

In the Matter of Taylor, Unpublished Decision (6-6-2002)

Ohio Court of Appeals · Jun 6, 2002

. {¶ 9} The magistrate found that the child clearly wished to be adopted "and to have both adults in the home as her parents." … bond already established between the child and Mr.

Hoiles v. Fidelity & Deposit Co.

18 Ohio App. 332 · Ohio Court of Appeals · Nov 2, 1923

These facts so admitted, if unaffected by other facts, would clearly entitle plaintiffs to a judgment against the defendant surety company, who was regularly served with process in this action, for the amount claimed,. which … United States District Court of Maryland, in the United States of America, an involuntary petition in bankruptcy, and on that day that court appointed certain, receivers of the property and assets of Philip Cohn, who duly qualified

In re Guardianship of A.K.

2025 Ohio 917 · Ohio Court of Appeals · Mar 18, 2025

. {¶ 21} We have held that the hearsay rules are “clearly inapplicable” to guardianship proceedings. In re Guardianship & Conservatorship of Stancin, 2003-Ohio-1106, ¶ 13 (10th Dist.). … The GSB shall establish a diet with firm parameters, in consultation with Dr.

Chattree v. Chattree

2014 Ohio 489 · Ohio Court of Appeals · Feb 13, 2014

However, R.C. 3105.171(C) clearly provides that where an equal division would be inequitable, a trial court may not divide the marital property equally but instead must divide it in the manner that the court determines … Once non-payment has been established, the burden shifts to the alleged contemnor to establish any defense he may have for non-payment, including his inability to pay. Id. See also Pugh v.