Case law

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State v. Simms, Unpublished Decision (7-29-2004)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

State v. Jones

208 N.E.3d 321 · Ohio Court of Appeals · Feb 9, 2023

As such, Dumas’ statements on the 911 call qualified as “excited utterances” under Evid.R. 803(2). … Any emergency had clearly ended.

Hil-Roc Condominium Owners v. Hwc Realty, Unpublished Decision (9-14-2006)

2006 Ohio 4770 · Ohio Court of Appeals · Sep 14, 2006

There was no writing to establish such authority, however. The lease had been in effect for one six-year term and a renewal term of the same duration. … That is, any qualifying words or phrases refer to the language immediately preceding the qualifier, unless common sense shows that it was meant to apply to something more distant or less obvious.

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 Ctr., Unpublished Decision (1-11-2007)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.

State v. Spivey

2013 Ohio 851 · Ohio Court of Appeals · Mar 11, 2013

[Spivey’s trial counsel]: Objection, she’s not qualified to answer that question. Mr. Perry: She is, Your Honor. [Trial court]: Overruled. … R.C. 2901.01(A)(5). {¶64} The State offered overwhelming evidence to establish the elements of felonious assault.

In re H.V.F.

2024 Ohio 5838 · Ohio Court of Appeals · Dec 13, 2024

According to subsection (K), CJIS “is the FBI division responsible for the collection, warehousing, and timely dissemination of relevant CJI to the FBI and to qualified law enforcement, criminal justice, civilian, academic … The court did not clearly lose its way and create a miscarriage of justice requiring reversal of the judgment.

Cusack v. Cusack

2024 Ohio 5427 · Ohio Court of Appeals · Nov 18, 2024

Husband does not allege, let alone identify anything in the record that establishes, that his shares of company stock [that were divided] are or were considered to be income-producing. … The bonuses, therefore, both qualified as income in the years [h]usband received them and, because he retained them, became a marital asset subject to equitable division.

State v. Thompson

2025 Ohio 4359 · Ohio Court of Appeals · Sep 17, 2025

Griffith states no government employee is not qualified to sit on a jury. … the weapon, but it also may be established by circumstantial evidence.”

Benua v. City of Columbus

109 Ohio App. 355 · Ohio Court of Appeals · Apr 1, 1958

For that reason income is not necessarily clothed with the tax immunity enjoyed by its source. Id. “6. A tax on the income from land is not a tax on the land (Pollock v. Farmers’ Loan & Trust Co., 157 U. … It was stated that the Ohio Finance Co. was engaged principally in making small direct loans to borrowers, taking in return interest-bearing promissory notes and purchasing from mercantile establishments interest-bearing

Batteiger v. Deutsch, Ca021933 (3-28-2008)

2008 Ohio 1582 · Ohio Court of Appeals · Mar 28, 2008

Clearly he was not. But, it was his deceased daughter, Sarah Ann Batteiger, who was the `insured' under the * * * USF G policy after applying the Scott-Pontzer analysis. … In other words, arguments raised by appellant in his summary judgment pleadings addressed the issue of liability, not the issue of the estate's damages. {¶ 34} It is well-established that a litigant's failure to raise an

City of Middletown v. Hatt, Unpublished Decision (1-22-2001)

Ohio Court of Appeals · Jan 22, 2001

Colwell also received unsolicited mailings about plastic surgery, AIDS (acquired immunity deficiency syndrome), and sexually transmitted diseases at her place of work. … To establish venue in a municipal court case, it must be shown that the offense was committed in the city and state named in the charging instrument.

Fed. Ins. Co. v. Executive Coach Luxury Travel, Inc.

2009 Ohio 5910 · Ohio Court of Appeals · Nov 9, 2009

Specifically, Federal argued that Executive Coach and Niemeyer did not qualify as “insureds” under the policy {¶7} Originally, these two actions were filed separately with the American action assigned case no. … The evidence establishes that Bluffton arranged, contracted and paid for the charter of the bus and driver with Executive Coach.

Baltimore & Ohio Rd. v. Village of Oak Hill

25 Ohio App. 301 · Ohio Court of Appeals · Jan 20, 1927

Prior to 1852 a dedication of a public way by the plat of the owner was a sufficient statutory dedication without any action thereon by the public authorities, and the act referred to only attempted to qualify the owner’s … It is unnecessary to quote from that opinion, but it clearly establishes the doctrine in this state that a railroad right of way, as well as individually owned abutting property, is presumed to derive from a street improvement

Early v. the Toledo Blade

130 Ohio App. 3d 302 · Ohio Court of Appeals · Oct 9, 1998

Ohio courts have recognized that five elements must be proved to establish a claim for invasion of privacy by publication of private facts. … However, the trial court clearly considered the depositions in question, and no objection was raised in that court or in this court regarding the use of the depositions.

State v. Marshall

2021 Ohio 4434 · Ohio Court of Appeals · Dec 16, 2021

T.T.’s testimony did not establish a larger criminal scheme culminating in the rape of K.H. … As noted previously, K.H.’s testimony established what occurred and that along with the testimony of other witnesses established overwhelming evidence of guilt.

Adams v. Adams

2025 Ohio 5574 · Ohio Court of Appeals · Dec 15, 2025

The magistrate found that the parties established a middle-class to upper-middle-class standard of living during the marriage. … Said Decision states clearly the Magistrate’s consideration of this long-term marriage, with spouses of vastly different earnings and earning capacities.

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."

In re E.B.

2020 Ohio 4139 · Ohio Court of Appeals · Aug 20, 2020

a residence, or is planning to establish a residence, outside this state. … I agree that touching of another’s breasts could qualify as sexual contact.