Case law

Bungard v. Ohio Dept. of Job Family Serv., Unpublished Decision (2-2-2006)

2006 Ohio 429 · Ohio Court of Appeals · Feb 2, 2006

Bank (1998), 82 Ohio St.3d 67 , 71 . {¶ 7} Additionally, a party seeking class certification must show that the action conforms to at least one of the three categories of actions, as set forth in Civ.R. 23(B), that qualify … The trial court concluded that "the method required to identify members requires an effort on the part of the court that under the circumstances is clearly unreasonable."

State v. Knight

140 Ohio App. 3d 797 · Ohio Court of Appeals · Sep 22, 2000

appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of the witnesses, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly … Sufficient circumstantial evidence existed to establish that Knight was not Curtis’s spouse.

Bank of Am., N.A. v. Thompson

2014 Ohio 2300 · Ohio Court of Appeals · May 30, 2014

The person in possession of a note indorsed in blank “qualifies as a holder of the note.” Id., citing R.C. 1301.201(B)(21)(a). And the holder is entitled to enforce the note. … Moreover, the deadline for responses established in the trial court’s February 15, 2013 order had long passed. Thompson had a reasonable time after the bankruptcy dismissal to file any additional response.

State v. Brown, Unpublished Decision (11-27-2002)

Ohio Court of Appeals · Nov 27, 2002

ASSIGNMENT OF ERROR I {¶ 4} "The State did not establish a foundation for the admission of any evidence based upon the MPH K-55 Radar Unit." 1 {¶ 5} In his first assignment of error, Defendant avers that the trial court improperly … "an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly

Rodeno v. Mezenski

2022 Ohio 1176 · Ohio Court of Appeals · Apr 7, 2022

An abuse of discretion also occurs when a court “‘applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.’” Franciscan Communities, Inc. v. … The decree further provided that a consulting firm would prepare a qualified domestic relations order (“QDRO”) to implement the pension division and that the trial court would retain jurisdiction over the QDRO.

State v. Grinnell

112 Ohio App. 3d 124 · Ohio Court of Appeals · Jun 27, 1996

Appellant then offered to disclose everything that happened in L-6 if he was given total immunity and would not have to testify against inmates in L-6. … On January 18, 1994, Brink interviewed appellant again and told him that, at that time, he was not going to be given any type of immunity.

State v. Taylor

215 N.E.3d 657 · Ohio Court of Appeals · May 26, 2023

(Aug. 22, 1997). {¶ 15} Contrastingly, deciding “which of several competing inferences, suggested by the evidence in the record, should be preferred, is a matter in which an appellate judge is at least equally qualified … Tr. at p. 506 and 508. {¶ 116} The basis for imposing some degree of consecutive sentences is clearly and convincingly supported by the record.

Green Tree Servicing, L.L.C. v. Asterino-Starcher

97 N.E.3d 525 · Ohio Court of Appeals · Mar 15, 2018

that the person who demands payment of a negotiable note * * * is the duly qualified holder. … The sole indorsement is not entirely legible on the copy in the record but clearly enough states "pay to bearer."

Carkido v. Hasler

129 Ohio App. 3d 539 · Ohio Court of Appeals · Aug 26, 1998

This court has also held that a trial court abuses its discretion and it is reversible error for a court to overrule a party’s motion to vacate a dismissal when the party has clearly demonstrated, through unchallenged testimony … Ohio law establishes that statements contained in affidavits must be based on personal knowledge. State v. Licsak (1974), 41 Ohio App.2d 165, 169 , 70 O.O.2d 325, 327-328 , 324 N.E.2d 589, 593 .

In Re C.M., 07ap-933 (6-19-2008)

2008 Ohio 2977 · Ohio Court of Appeals · Jun 19, 2008

"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." State v. … [J.], discussed with him that paternity still needed to be established.

State v. Cincinnati Complaint Auth.

2019 Ohio 5349 · Ohio Court of Appeals · Dec 27, 2019

L-08-1295, 2009-Ohio-772, ¶ 32 (plaintiff is required to establish existence of an actual threat of harm); Stoneham at 274 (party presented clear and convincing evidence which established a “very real threat”). … The flaw with the city’s line of reasoning is that the state has no ability to control what information qualifies for the exemption—the city retains that power, and the state has legitimate concerns regarding the city’s

Estate of Aukland v. Broadview NH, L.L.C.

2017 Ohio 5602 · Ohio Court of Appeals · Jun 29, 2017

The affidavit, however, was insufficient because registered nurses are not qualified under Evid.R. 601(D) to execute AOMs in medical claims. See Frost v. Cleveland Rehab. & Special Care Ctr., Inc., 8th Dist. … Atlas Recycling, Inc., 119 Ohio St.3d 324, 2008-Ohio-3921, ¶ 23. {¶ 19} The civil rule at issue in this case, Civ.R. 10(D)(2)(e), clearly and unambiguously provides: Nos. 16AP-661 and 16AP-765

Thomas v. Nationwide Mut. Ins. Co., Unpublished Decision (8-31-2006)

2006 Ohio 4487 · Ohio Court of Appeals · Aug 31, 2006

. {¶ 3} Plaintiff filed her complaint 1 against defendant for (1) breach of contract, Count I, (2) fraud, Count II, (3) breach of fiduciary duty, Count III, (4) bad faith, Count IV, and (5) a declaratory judgment to establish … "The purpose of the rule is obvious: the granting of either motion substitutes for the function of the jury; the reasons for granting the motion should, as a matter of record, be set forth clearly."

State v. Davis

2025 Ohio 2382 · Ohio Court of Appeals · Jul 7, 2025

. {¶ 11} During cross-examination, the State sought to establish the nature of her and Davis' relationship, and the following exchange took place: State: How did you and Chad meet? … Fayette CA2024-03-004 CA2024-07-016 {¶ 37} Under R.C. 2925.51(A), lab reports from qualifying

State v. Mullins, Unpublished Decision (5-25-2000)

Ohio Court of Appeals · May 25, 2000

issue which is to be established before them. … "`Privilege' means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position * * * or relationship, or growing out of necessity." R.C. 2901.01 (A)(12).

Homewood Homes, Inc. v. Helwig, 08ap-406 (4-9-2009)

2009 Ohio 1699 · Ohio Court of Appeals · Apr 9, 2009

Clearly, filing and proceeding with a lawsuit rather than seeking arbitration is a waiver of arbitration, and since there was no finding of an arbitrator on which to base the damages, the contract provision does not apply … *Page 16 (ii) It is not warranted under existing law, cannot be supported by a good faith argument for an extension, modification, or reversal of existing law, or cannot be supported by a good faith argument for the establishment

State v. Simms, Unpublished Decision (7-29-2004)

2004 Ohio 3955 · Ohio Court of Appeals · Jul 29, 2004

Carson was competent and qualified to represent the defendant." … Revised Code, the petition shall be filed no later than one hundred eighty days after the expiration of the time for filing the appeal. {¶ 15} Defendant's petition was filed nearly eight years after his appeal; R.C. 2953.23 clearly

State v. Pierre

2025 Ohio 198 · Ohio Court of Appeals · Jan 24, 2025

{¶ 35} In his first assignment of error, Pierre asserts that defense counsel must accurately advise non-citizen clients of the immigration consequences resulting from a guilty plea when the consequences can be clearly … He pled guilty to what qualified as an aggravated felony under the Immigration and Nationality Act. A noncitizen convicted of such an offense was subject to mandatory deportation. Id. at 361-62.

State v. Norman, Unpublished Decision (11-10-2005)

2005 Ohio 6018 · Ohio Court of Appeals · Nov 10, 2005

issue which is to be established before them. … There is no evidence as to who told him the scar would not go away or that the person was qualified to make such a determination.

Lambert v. Metrohealth Med. Ctr., Unpublished Decision (1-11-2007)

2007 Ohio 83 · Ohio Court of Appeals · Jan 11, 2007

Lambert's care that clearly represent care below the acceptable standard. … Appellant and his wife are not qualified to establish the breach and causation elements in a medical malpractice claim centering around a heart catheter.