Case law

Sabo v. Sabo, Unpublished Decision (12-10-2003)

2003 Ohio 6586 · Ohio Court of Appeals · Dec 10, 2003

(Citations omitted). {¶ 10} Despite the fact that Husband has clearly set forth adequate grounds for granting a divorce, Wife has argued that the trial court should have granted a legal separation. … The court stated: "The structure of this award (monthly and duration) considers the need for [Wife] to seek training or further education to fully establish her financial independence.

State v. James

2024 Ohio 1469 · Ohio Court of Appeals · Apr 18, 2024

Further, appellant’s pro se motions qualified as tolling events under R.C. 2945.72(E) for purposes of calculating speedy trial time. See State v. Miller, 9th Dist. … Upon review, we are not able to say that the record “clearly and convincingly” does not support the court’s findings.

Lewis v. Nease, Unpublished Decision (8-21-2006)

2006 Ohio 4362 · Ohio Court of Appeals · Aug 21, 2006

Lopez was not qualified to testify as an expert, we note that he fails to make any argument explaining exactly why he believes that Dr. Lopez is not qualified. Nor does Dr. … Lopez was qualified to testify as an expert. Specifically, we note that Dr.

State v. Bently, Unpublished Decision (5-28-2004)

2004 Ohio 2740 · Ohio Court of Appeals · May 28, 2004

In light of his employment as an automobile glass installer, we believe Kent was qualified to render this opinion. … We question too whether expert testimony is required to establish that a window must be partially rolled up for glass to fall inside a car.

Thompson v. Lorain Community, Unpublished Decision (3-6-2002)

Ohio Court of Appeals · Mar 6, 2002

damages for a violation of the Ohio Civil Rights Act, false imprisonment, battery, negligence, infliction of emotional distress and loss of consortium. 1 The appellees moved the trial court for summary judgment based on the immunity … No material issues of fact were in dispute because Thompson failed to present expert testimony to establish the applicable standard of care. This appeal followed. II.

State v. Gosha

2011 Ohio 2278 · Ohio Court of Appeals · May 12, 2011

She further established that defendant had her car for a two-day period around May 21, 2009. {¶ 32} Tamika Compton testified that she and Mongo have a child. … Andree was then qualified as an expert in fingerprint analysis.

Buckley v. Solon

2011 Ohio 3468 · Ohio Court of Appeals · Jul 14, 2011

unconstitutional as applied only if its requirements are clearly arbitrary and unreasonable and are unrelated to the public health, safety or general welfare. … However, Buckley has not established that the structures qualify as pre-existing non-conforming use. The ordinances were enacted to limit the amount and size of storage structures on residential property.

Turfco Landscaping, Inc. v. Shenigo

2021 Ohio 4259 · Ohio Court of Appeals · Dec 6, 2021

“The [reviewing] court * * * weighs the evidence and all reasonable inferences, considers the credibility of the witnesses and determines whether in resolving conflicts in the evidence, the [finder of fact] clearly lost … In no case are Turfco’s figures established by company documents.

State v. Spencer

2015 Ohio 52 · Ohio Court of Appeals · Jan 12, 2015

Kenniston testified that she has conducted 3,000 forensic interviews of children who have been sexually abused and was qualified as an expert in the area of forensic interviews of children. Ms. … We can readily conclude that the trial court’s interjection -45- Case No. 9-13-50 of its own objection on behalf of the prosecution in this instance was clearly erroneous and

2195 Riverside Drive, L.L.C. v. Franklin Cty. Bd. of Revision

2015 Ohio 252 · Ohio Court of Appeals · Jan 27, 2015

The sale in Lakeside was for a stated, non-negotiable price, and the Supreme Court recognized that compelling business circumstances of that type "are clearly sufficient to establish that a recent sale of property was neither … The record clearly establishes that Lakeside never had any real choice but to purchase the property in question.

State v. Roberts

2017 Ohio 9079 · Ohio Court of Appeals · Dec 18, 2017

She testified that Ohio has established a cut-off period of 96 hours to collect evidence and conduct a medical exam. Ms. … While the trial court was presented with some conflicting testimony at trial, it clearly found the State’s witnesses to be more credible than Mr. Roberts’ witness.

Smith v. Children's Aid Soc., Unpublished Decision (9-14-2006)

2006 Ohio 4754 · Ohio Court of Appeals · Sep 14, 2006

Smith thus failed, CAS argues, to establish a prima facie case of discrimination under the McDonnell Douglas test. {¶ 11} In support of its argument that Smith was not qualified for the position, CAS argues that she did not … Appendix Binder, Item 12. {¶ 20} CAS thus established that there were clear expectations for the position for which Smith was hired and that the expectations were clearly communicated to Smith.

In re X.P.

2026 Ohio 1222 · Ohio Court of Appeals · Mar 25, 2026

sustains the issue which is to be established before them. … (b) The child has been in an agency’s custody for two years or longer, and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Revised Code.

Huntington Natl. Bank v. Kopnisky

2017 Ohio 641 · Ohio Court of Appeals · Feb 14, 2017

If Appellants’ argument is accepted, Huntington is clearly the holder of the note and can enforce it. … At best, Scott’s affidavit establishes one mailing date, by any means, and that date is November 9, 2014.

Cleveland v. Wiggins

2025 Ohio 649 · Ohio Court of Appeals · Feb 27, 2025

As such, they qualify as petty offenses, and a written jury demand was required.4 During a March 13, 2024 pretrial before a court magistrate, Wiggins repeatedly stated he wanted his case set for trial. … Having independently reviewed the record, we cannot conclude that this is the exceptional case where the trial court clearly lost its way and created a manifest miscarriage of justice.

State v. Gabriel

170 Ohio App. 3d 393 · Ohio Court of Appeals · Feb 23, 2007

established that Erica was unlikely to leave home voluntarily and that she did not have the means to do so. … to establish a prima facie case.

Segovia v. Likens

179 Ohio App. 3d 256 · Ohio Court of Appeals · Nov 13, 2008

The court’s purpose was clearly coercive, and, therefore, we may characterize the *264 October 23, 2007 order as an indirect civil contempt order. … At that point, the court concluded, “appellant would be entitled to court-appointed counsel provided she qualifies under the financial guidelines.”

Estate of Dailey v. Lohr, Unpublished Decision (3-20-2002)

Ohio Court of Appeals · Mar 20, 2002

The scope of ERISA has been established by both statute and case law. … The Marsh court clearly stated it was basing its decision upon the fact that the divorce decree at issue was written before ERISA was amended in 1984 . Marsh, supra at 422.

Cuyahoga Cty. Bd. of Comm. v. Bowen, Unpublished Decision (7-10-2003)

Ohio Court of Appeals · Jul 10, 2003

. {¶ 7} It is well established that the party seeking summary judgment bears the burden of demonstrating that no issues of material fact exist for trial. Celotex Corp. v. Catrett (1987), 477 U.S. 317 , 330 ; Mitseff v. … qualified to perform the required services at a compensation determined in writing to be fair and reasonable to the public authority * * *; {¶ 18} "(D) Upon failure to negotiate a contract with the firm ranked most qualified

State ex rel. Prinkey v. Emerine's Towing, Inc.

239 N.E.3d 1049 · Ohio Court of Appeals · Mar 26, 2024

In Hamilton, however, it was found that the first factor was not met “because the legislature did not clearly express an intent for the new language [in the statute] to apply retroactively.” Id. at ¶ 28. … The court found that the former settlement hearing provisions represented a “course of procedure” in that “[t]hey existed as part of the process by which Kilbane, upon qualifying for compensation, enforced her right to receive