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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Walling CA2018-06-130Appellant's counsel failed to object to the trial court's decision to continue proceedings in the restitution hearing and therefore waived all but plain error. The trial court did not commit plain error by ordering restitution where the record reflects that the victim suffered an economic loss and appellant failed to introduce evidence to the contrary. RinglandButler 6/24/2019 6/24/2019 2019-Ohio-2490
Intl. Union of Operating Engineers, Local 20 v. Hamilton CA2018-10-195The common pleas court erred in granting appellee's motion to compel arbitration where the merits of the grievance filed by appellee were already decided in a past arbitration and appellee is not entitled to have the matter resubmitted to arbitration because it missed the timeframe for requesting arbitration set forth in the parties' collective bargaining agreement.PiperButler 6/24/2019 6/24/2019 2019-Ohio-2491
Reliable Credit Assn., Inc. v. SAFA, Inc. CA2018-11-223Trial court did not err in denying motion to dismiss the foreign judgment where defendant voluntarily satisfied the judgment and waived any defense of personal jurisdiction. HendricksonButler 6/24/2019 6/24/2019 2019-Ohio-2492
Hamilton v. Premier Auto Mart, Inc. CA2019-01-002The trial court did not err by finding appellant guilty of operating an unauthorized junkyard where there was overwhelming evidence appellant was storing, handling, and disassembling inoperable automobiles on its property in violation of a local zoning ordinance. The trial court also did not err by finding the local zoning ordinance was constitutional where the ordinance was rationally related and specifically tailored to the legitimate purpose of public safety in regulating the location of junkyards. S. PowellButler 6/24/2019 6/24/2019 2019-Ohio-2493
Hindu Soc. of Greater Cincinnati v. Union Twp. Bd. of Zoning Appeals CA2018-11-081The common pleas court did not err by reversing a township board of zoning appeals' decision conditioning its approval of a conditional use permit on the permanent closure of one of two access points onto the applicant's property where the additional condition imposed by the board was arbitrary and unreasonable in that it had no relation to the requested expansion project.S. PowellClermont 6/24/2019 6/24/2019 2019-Ohio-2494
Grover v. Dourson CA2018-07-007The trial court did not abuse its discretion in designating mother the residential parent and sole legal custodian. The trial court also did not abuse its discretion in awarding mother significant attorney fees where such fees were equitable. Placing the children's passports with the guardian ad litem was a reasonable measure to prevent abduction, however, requiring father to maintain a life insurance policy for the benefit of the children greater than his total child support obligation was unreasonable and an abuse of discretion. M. PowellPreble 6/24/2019 6/24/2019 2019-Ohio-2495
Middletown App., Ltd. v. Singer CA2018-08-165; CA2018-11-224The trial court abused its discretion in denying appellants' motion for relief from judgment where appellants presented a meritorious defense of permission to appellee's trespass claim and where appellants did not show a total disregard for the judicial system in not answering appellee's complaint.PiperButler 6/17/2019 6/17/2019 2019-Ohio-2378
Mack v. Mack CA2018-09-179The domestic relations court's decision denying Father's request to designate him his son's residential parent for school purposes was not an abuse of discretion where it was in the child's best interest to continue Mother in that role when considering Father's frequent and prolonged absence for work and the child's familiarity with Mother's local school district. Similarly, the domestic relations court's decision modifying Father's parenting time schedule adopting a specific schedule based on Father's geographical proximity to Mother's residence was not an abuse of discretion where Father's employment and rigorous work schedule necessitated a unique parenting time schedule be adopted.S. PowellButler 6/17/2019 6/17/2019 2019-Ohio-2379
State v. Camper CA2019-01-022Anders no error.Per CuriamButler 6/17/2019 6/17/2019 2019-Ohio-2380
Capital Real Estate Partners, L.L.C. v. Nelson CA2018-08-085; CA2018-08-094Trial court properly granted summary judgment in favor of real estate broker where the purchaser of the property signed an agreement acknowledging that a prior tenancy was secured pursuant to an exclusive leasing listing agreement and committing to the payment of ongoing lease commissions. However, the agreement signed by the purchaser did not incorporate additional terms related to the payment of attorney fees and other ancillary fees and therefore the real estate broker was not entitled to additional payments not incorporated into the agreement. RinglandWarren 6/17/2019 6/17/2019 2019-Ohio-2381