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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Bixby v. Ohio State Univ. 17AP-802Trial court did not err in dismissing complaint on medical claim where plaintiff failed to include affidavit of merit as required by Civ.R. 10(D)(2).DorrianFranklin 5/24/2018 5/24/2018 2018-Ohio-2016
Lytal v. Crawl for Cancer, Inc. 17AP-771Judgment affirmed and assignment of error overruled. The trial court did not error when granting appellees' motion for judgment on the pleadings under Civ.R. 12(C), dismissing appellants' claims for negligence and loss of consortium, as appellees did not owe appellants a duty of care.HortonFranklin 5/24/2018 5/24/2018 2018-Ohio-2017
Dublin City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision 17AP-684The Ohio Board of Tax Appeals erred in dismissing as untimely appellant's appeal from a Franklin County Board of Revision decision valuing a property owned by Lowe's Home Centers, LLC. Appellant's appeal to the Board of Tax Appeals was timely because the 30-day appeal window did not begin until the Board of Revision sufficiently notified appellant of its decision regarding the valuation of the property. Decision reversed; cause remanded.Luper SchusterFranklin 5/22/2018 5/22/2018 2018-Ohio-1996
State v. Thompson 17AP-658Criminal defendant who moved to set aside his plea bargain 9 years after his entering guilty pleas did not show a manifest injustice for purposes of Crim.R. 32.1.TyackFranklin 5/22/2018 5/22/2018 2018-Ohio-1997
Ditech Fin., L.L.C. v. Global Capital Partners 17AP-470The trial court did not err in denying appellant a continuance to conduct discovery or in granting appellee summary judgment in a foreclosure action.KlattFranklin 5/22/2018 5/22/2018 2018-Ohio-1998
State ex rel. Digiacinto v. Indus. Comm. 16AP-248Relator's objections sustained and limited writ of mandamus granted in voluntary abandonment case for partial total disability workers compensation. Social Security Administration administrative law judge previously found Relator disabled as result of industrial injury and unfit for vocational rehabilitation. Magistrate's findings of fact adopted with additional findings of fact made by appeals court. Magistrate's findings of law not adopted, and Industrial Commission's decision vacated and matter remanded for new hearing consistent with the law as stated in appeals court’s decision.BrunnerFranklin 5/22/2018 5/22/2018 2018-Ohio-1999
State v. Smith 17AP-649An appellate court is empowered by both App.R. 12(A)(1)(a) and R.C. 2953.08(G)(2) to modify a sentence imposed by a trial court.HortonFranklin 5/17/2018 5/17/2018 2018-Ohio-1937
State v. Gray 17AP-601State concedes error in that appellant was charged under an incorrect code section and his conviction for R.C. 4511.48(C) was not supported by sufficient evidence and was against the manifest weight of the evidence. Accordingly, the court reverses and vacates the judgment of the trial court.Dorrian, J.Franklin 5/17/2018 5/17/2018 2018-Ohio-1939
Vossman v. AirNet Sys., Inc. 16AP-801The trial court erred in awarding appellee attorney fees for alleged frivolous conduct by appellant pursuant to R.C. 2323.51(A)(2)(a)(ii). The court sustains appellant's assignment of error that the trial court erred in finding appellant's claims of age discrimination were not warranted under existing law as it cannot find that "no reasonable lawyer would have brought the action in light of existing law." Judgment reversed.DorrianFranklin 5/17/2018 5/17/2018 2018-Ohio-1940
State v. Cox 17AP-619When a suspect admitted to having contraband in a car and in her purse, it was not error to fail to suppress the warrantless search of that purse. When only one or two hours had elapsed since a Miranda warning was given to a suspect in custody, the warning had not yet become stale at the time of questioning. Where a defendant admitted to having attempted to dispose of guns she correctly believed were illegally carried, her conviction for tampering with evidence was sufficiently supported and not contrary to the manifest weight of the evidence. And where the evidence permitted a reasonable juror to infer that the defendant either possessed heroin because it was hers or possessed it because she was hiding it for another, the defendant was properly found guilty of heroin possession.BrunnerFranklin 5/17/2018 5/17/2018 2018-Ohio-1938