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| Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
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Moore v. ThorWorks Indus., Inc.
| E-22-048 & E-23-032 | On workplace intentional tort claim, summary judgment to employer is appropriate where employee presents no facts to show that employer acted with specific, deliberate intent to injure him. Denial of Civ.R. 60(B)(3) motion for relief from judgment based on alteration of a form not an abuse of discretion where alteration was not material to the claim, not providing original form in discovery was an oversight, and where the act of altering the form supports the underlying claim, not fraud under 60(B)(3). | Duhart | Erie |
4/26/2024
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4/26/2024
| 2024-Ohio-1617 |
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Avita Health Sys. v. Robertson
| H-23-020 | Zmuda, J., writing for the majority, holds that trial court did not err in granting summary judgment in favor of the plaintiff seeking collection on an account. | Zmuda | Huron |
4/26/2024
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4/26/2024
| 2024-Ohio-1619 |
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Hurston v. Grand Trunk W. RR. Co.
| L-23-1059 | Judge Duhart, Federal Employers' Liability Act ("FELA") statute of limitations, application of discovery rule | Duhart | Lucas |
4/26/2024
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4/26/2024
| 2024-Ohio-1616 |
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In re Pitts
| OT-23-012 | Under R.C. 2935.10, when reviewing a citizen’s affidavit that seeks the arrest of another on a felony charge, the trial court “shall” do one of two things: (1) issue an arrest warrant or (2) refer the matter to the prosecuting attorney to investigate. Where a trial court summarily dismisses the affidavit, the case must be remanded for compliance with R.C. 2935.10. | Mayle | Ottawa |
4/26/2024
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4/26/2024
| 2024-Ohio-1618 |
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State v. Chapman
| S-23-022 | Sulek, J. Defendant’s guilty plea was knowing and voluntary where he was informed of the maximum penalties he faced and the fact that the trial court was not obligated to follow the state’s sentencing recommendation. | Sulek | Sandusky |
4/19/2024
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4/19/2024
| 2024-Ohio-1508 |
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State v. Garcia
| S-23-003 | No trial court error denying appellant’s motion to suppress evidence. Judgment affirmed. Osowik. | Osowik | Sandusky |
4/19/2024
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4/19/2024
| 2024-Ohio-1509 |
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Toledo v. Heron Arizona Fund 1, L.L.C.
| L-23-1057 | Sulek, J. In a case involving a municipal zoning ordinance, the trial court did not err in granting the city’s default judgment motion which became a final order following dismissal of the unnamed defendants. Final and appealable; injunction; Civ.R. 55; declaratory judgment; notice of appeal. | Sulek | Lucas |
4/19/2024
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4/19/2024
| 2024-Ohio-1510 |
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State v. Johnson
| L-24-1074 | Osowik Dismissed writ | Osowilk | Lucas |
4/19/2024
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4/19/2024
| 2024-Ohio-1511 |
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Owens v. Purcel
| L-23-1152 | Per Mayle, J., the act or omission giving rise to plaintiff’s claim for legal malpractice was her attorney’s failure to file personal-injury complaint within statute of limitations. Plaintiff filed original complaint for legal malpractice within four-year statute of repose in R.C. 2305.117(B), but voluntarily dismissed and refiled complaint under saving statute outside statute of repose. Expiration of statute of repose barred her refiled legal-malpractice claim. | Mayle | Lucas |
4/19/2024
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4/19/2024
| 2024-Ohio-1514 |
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State v. Schaus
| L-23-1146 | Sulek, J. Appellant’s consecutive sentences were contrary to law where the trial court failed to make the proportionality finding under R.C. 2929.14(C)(4). | Sulek | Lucas |
4/19/2024
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4/19/2024
| 2024-Ohio-1515 |
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N.T. v. J.W.
| E-23-021 | Judge Duhart. Child support. Imputed Income. Hearsay | Duhart | Erie |
4/19/2024
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4/19/2024
| 2024-Ohio-1513 |
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State v. Jones
| WD-23-041 & WD-23-042 | Zmuda, J., writing for the majority, affirms the judgment finding no error in imposing consecutive sentences, with well-settled precedent barring the challenge to the trial court’s findings under R.C. 2929.11 and 2929.12. | Zmuda | Wood |
4/19/2024
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4/19/2024
| 2024-Ohio-1512 |
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In re J.D.
| L-23-1280 | Sulek - Trial court does not abuse its discretion in denying maternal grandmother’s third-party complaint for custody where the child has been placed with a maternal cousin for nearly his entire life, is well-bonded to the maternal cousin, and is thriving in that placement, and where maternal grandmother has declined to accept placement of the child, has failed to follow through on visits with the child, has no relationship with the child, and has made unsubstantiated allegations against the maternal cousin. | Sulek | Lucas |
4/16/2024
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4/16/2024
| 2024-Ohio-1443 |
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Wesolowski v. Toledo Refining Co., L.L.C.
| L-23-1190 | Osowik - Summary Judgment, reciprocal burden, hearsay, trustworthiness. | Osowik | Lucas |
4/12/2024
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4/16/2024
| 2024-Ohio-1439 |
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State v. Jeter
| E-23-034 | Sulek - Trial court’s summary grant of a motion to suppress is reversed and remanded for the issuance of findings of fact and conclusions of law where the absence of any reasoning precludes meaningful appellate review. | Sulek | Erie |
4/12/2024
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4/16/2024
| 2024-Ohio-1442 |
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State v. Graham
| S-23-015 | Zmuda, J., writing for the majority, affirms the judgment, finding no coercion in the plea, and no abuse of discretion by the trial court in denying the post-sentence motion to withdraw plea, without hearing. | Zmuda | Sandusky |
4/5/2024
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4/5/2024
| 2024-Ohio-1300 |
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State v. McDowell
| WD-23-026 | Judge Duhart, Right of Allocution, Clerical Errors in Judgment Entry, Nunc Pro Tunc | Duhart | Wood |
3/29/2024
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3/29/2024
| 2024-Ohio-1209 |
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Katakis v. Hahn
| 2023WD0035 | zoning resolution, R.C. 2744.03, immunity, bad faith, Civ.R. 12(C) | Hensal | Wood |
3/29/2024
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3/29/2024
| 2024-Ohio-1210 |
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State v. Dolman
| WM-23-003 | Zmuda, J., writing for the majority, holds that the trial court did not abuse its discretion in denying appellant’s motion to vacate or waive court costs. | Zmuda | Williams |
3/28/2024
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3/28/2024
| 2024-Ohio-1175 |
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State v. Davis
| S-22-030 | Trial court did not err in imposing consecutive sentences. Judgment affirmed. | OSOWIK | Sandusky |
3/28/2024
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3/28/2024
| 2024-Ohio-1174 |
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Berning v. Lutheran Hous. Serv. #9
| L-22-1281 | Zmuda, J., writing for the majority, find that the trial court erred in granting summary judgment to appellee and denying summary judgment to appellants | Zmuda | Lucas |
3/28/2024
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3/28/2024
| 2024-Ohio-1173 |
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State v. Gilmer
| L-22-1307, L-22-1308 | Motion to sever properly denied where evidence of each crime was simple and direct and state could have introduced evidence of joined offenses under Evid.R. 404(B). Convictions not against sufficiency or weight of evidence. Weapon under disability conviction did not merge with felonious assault convictions. Consecutive sentences findings were not clearly and convincingly not supported by record. Court did not properly impose discretionary costs on record at sentencing hearing. | Mayle | Lucas |
3/28/2024
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3/28/2024
| 2024-Ohio-1178 |
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State v. Fenderson
| E-23-041 | Zmuda, J., writing for the majority, affirms the trial court’s denial of petition for post-conviction relief, as affidavit claimed as new evidence addressed issue argued at trial, and evidence of guilt was overwhelming, despite the claim regarding new evidence. | Zmuda | Erie |
3/28/2024
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3/28/2024
| 2024-Ohio-1176 |
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Fisher v. Smith & Lehrer Co., L.P.A.
| E-23-029 | Complaint for negligence filed by administrator of decedent’s estate, against attorney who served as guardian of decedent’s estate, was subject to four-year statute of limitations for fiduciaries under R.C. 2305.09(D). Administrator took immediate title to guardianship assets upon ward’s death, therefore, claim accrued, at the latest, when administrator was appointed. Complaint filed against guardian more than four years after administrator’s appointment was untimely. | Mayle | Erie |
3/28/2024
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3/28/2024
| 2024-Ohio-1177 |
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Wylie v. Wylie
| F-23-004 | Under the clear and unambiguous language of the parties’ separation agreement, husband and wife were to share equally in proceeds from sale of property after subtracting out taxes and insurance from purchase price. Although lender had mortgage that exceeded the amount of the purchase price of the property, agreement did not provide that outstanding mortgage would be subtracted from the purchase price before calculating wife’s share of proceeds. | Sulek | Fulton |
3/28/2024
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3/28/2024
| 2024-Ohio-1179 |
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Wakeman v. Smith
| H-22-013 | Partial trial court error in convicting and sentencing appellant on five counts of violating municipal junk motor vehicle ordinance. Judgment affirmed, in part, and reversed, in part. Osowik. | Osowik | Huron |
3/22/2024
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3/22/2024
| 2024-Ohio-1067 |
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Nuckols v. Consol. Rail Corp.
| L-23-1174 | In this FELA action, even if trial court had excused untimeliness of plaintiff’s expert disclosure and memorandum in opposition to summary judgment, plaintiff failed to present summary-judgment quality evidence in opposing railroads’ motion. Expert reports attached to opposition brief were not authenticated and could not be considered. Without expert testimony, he could not defeat summary judgment. | Mayle | Lucas |
3/22/2024
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3/22/2024
| 2024-Ohio-1070 |
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State v. Warren
| L-23-1081 | Sulek, J., writing for the majority, holds that the trial court did not abuse its discretion in denying appellant’s pre-sentence motion to withdraw his plea. | Sulek | Lucas |
3/22/2024
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3/22/2024
| 2024-Ohio-1072 |
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State ex rel. Guess v. Clark
| L-24-1001 | Where a mandamus petition, in an action under the Public Records Act, fails to allege that a request was made for records that are subject to the Act, the case is properly dismissed under Civ.R.12(B)(6). | Osowik | Lucas |
3/22/2024
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3/22/2024
| 2024-Ohio-1075 |
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State v. Dixon
| L-23-1071 | Per Mayle, J., vehicular assault, operating a motor vehicle without being in reasonable control, and speeding offenses that stemmed from same event were not the “same offense” for double-jeopardy purposes. Although the evidence underlying the charges might overlap, the elements of the offenses do not, and the double-jeopardy analysis considers elements, not evidence. | Mayle | Lucas |
3/22/2024
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3/22/2024
| 2024-Ohio-1077 |
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Universal Acceptance Corp. v. Olivarez
| L-23-1109 | Trial court’s order denying defendant’s motion to vacate default judgment did not address whether appellant rebutted presumption of service. Reversed and remanded for court to make a credibility determination regarding appellant’s testimony that he never received the summons and complaint. | Sulek | Lucas |
3/22/2024
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3/22/2024
| 2024-Ohio-1069 |
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State v. Matthews
| OT-23-017 and OT-23-035 | Zmuda, J., writing for the majority, affirms the trial court’s denial of postconviction relief petition, as petition challenged counsel’s effectiveness in failing to file a motion to suppress in underlying case as affecting a knowing guilty plea, with the suppression issue waived by the plea and the validity of the plea otherwise barred by doctrine of res judicata. | Zmuda | Ottawa |
3/22/2024
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3/22/2024
| 2024-Ohio-1071 |
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In re S.M.
| H-23-026 | Judge Duhart. Permanent custody. Mother. Drug issues. Methamphetamines. Lack of employment. Filthy, cluttered, smelly house with bugs, animal wastes. Truancy concerns. Suspected sexual abuse. Lack of dental care for the child. | Duhart | Huron |
3/15/2024
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3/15/2024
| 2024-Ohio-992 |
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State v. Thompson
| L-23-1161 | Sulek, J. The trial court did not abuse its discretion by denying appellant’s Crim.R. 36 motion to correct the record. | Sulek | Lucas |
3/15/2024
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3/15/2024
| 2024-Ohio-991 |
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State v. Moore
| L-23-1084 | Per Mayle, J., the trial court’s rejection of insanity defense was not against manifest weight of evidence. State’s experts testified that appellant knew his conduct was wrongful, and defense expert conceded that appellant “was not incapable of recognizing any wrongfulness to his behavior.” Court properly weighed recordings made in aftermath of the shootings and did not substitute its own standard. | Mayle | Lucas |
3/15/2024
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3/15/2024
| 2024-Ohio-994 |
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State v. Peeples
| WD-23-025 | Trial court did not abuse its discretion in denying defendant’s motion to continue sentencing hearing, where it had granted an earlier request and where the purpose of defendant’s motion was occasioned by a collateral criminal proceeding in another county. Trial court was under no duty to postpone sentencing hearing indefinitely, especially where the defendant bore the responsibility for the circumstances giving rise to the need for the request. | Mayle | Wood |
3/15/2024
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3/15/2024
| 2024-Ohio-993 |
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Slayton v. Peterson
| S-23-014 | Per Mayle, J., the trial court correctly confirmed registration of a foreign parenting decree under R.C. 3127.35. Appellant failed to establish that the decree “has been modified” within the meaning of R.C. 3127.35(D)(2). A Missouri court issued orders temporarily overriding a North Carolina custody order, but the Missouri court dismissed its cases and terminated its jurisdiction, so the Missouri orders did not affect the validity of the North Carolina order, as required to preclude registration in Ohio. | Mayle | Sandusky |
3/11/2024
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3/11/2024
| 2024-Ohio-863 |
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Carstensen v. Allen Twp. Bd. of Trustees
| OT-23-010 | Osowik. Affirming dismissal of administrative appeal, where appellant failed to request the issuance of a praecipe for preparation of the record pursuant to R.C. 2506.02, and where complaint fails to state a cause of action for trespass or for injunctive relief. | Osowik | Ottawa |
3/8/2024
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3/8/2024
| 2024-Ohio-870 |
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Maumee v. Yeager
| L-22-1260 | Judge Duhart. Assault. Self-defense. Manifest weight of the evidence. Nunc pro tunc. | Duhart | Lucas |
3/8/2024
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3/8/2024
| 2024-Ohio-858 |
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State v. Vasquez
| L-22-1192 | Per Mayle, J., the evidence reasonably supported finding that appellant fled after raping victim, so trial court did not err by giving consciousness-of-guilt instruction based on flight. Trial court’s pattern jury instruction was not tailored to the facts of the case, making it potentially misleading to the jurors, but the error was harmless. Because the instruction allowed the jury to reach its own conclusion about the import of the flight evidence, it was neutral in its effect and not prejudicial. | Mayle | Lucas |
3/8/2024
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3/8/2024
| 2024-Ohio-860 |
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Huber v. Baertschi
| L-23-1137 | Civ.R. 12(C), R.C. 2744.03, R.C. 128.32, immunity, judgment on the pleadings | Hensal | Lucas |
3/8/2024
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3/8/2024
| 2024-Ohio-867 |
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State v. Collins
| L-23-1080 | Per Duhart, J., the nine factors that courts generally consider in evaluating a presentence motion to withdraw a plea all weigh against granting the motion, thus court did not abuse its discretion when it denied motion. Appellant failed to establish that trial counsel’s performance was deficient, thus he cannot prevail on his claim of ineffective assistance of counsel. | Duhart | Lucas |
3/8/2024
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3/8/2024
| 2024-Ohio-869 |
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State v. Bickerstaff
| L-23-1013, L-23-1147 | No trial court sentencing error. Judgment affirmed. Osowik | Osowik | Lucas |
3/8/2024
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3/8/2024
| 2024-Ohio-871 |
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State v. Allison
| L-23-1095 | Petition for post-conviction relief was properly denied without a hearing where the defendant, who claimed that he would have accepted plea if his counsel had shown him state’s evidence, relied entirely on his own affidavit and where the evidence was inconsequential, especially in light of other, direct evidence of his guilt, which defendant was made aware of before refusing the plea offer. | Mayle | Lucas |
3/8/2024
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3/8/2024
| 2024-Ohio-872 |
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State v. Kamholz
| E-23-002 | Osowik - Appellant’s misdemeanor domestic violence conviction was not against the manifest weight of the evidence. Judgment affirmed. | Osowik | Erie |
3/8/2024
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3/8/2024
| 2024-Ohio-865 |
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State v. Farris
| E-22-049, E-22-050 | Osowik - Trial court did err in denying motion to dismiss on double jeopardy grounds. The convictions were supported by sufficient evidence. Claimed prosecutorial misconduct statements during closing arguments were not outcome altering. Judgment affirmed. | Osowik | Erie |
3/8/2024
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3/8/2024
| 2024-Ohio-868 |
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State v. Kelsey
| L-23-1101 | Zmuda, J., writing for the majority, affirms the judgment denying the motion to suppress, as police had basis to initiate traffic stop and extend the stop, based on odor of burnt marijuana and based on expired registration. | Zmuda | Lucas |
3/1/2024
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3/6/2024
| 2024-Ohio-806 |
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In re H.H.
| E-23-011, E-23-012, E-23-017, E-23-018 | Zmuda, J., writing for the majority, finds that the trial court did not err in granting Erie County Department of Job and Family Services (ECDJFS) motion for permanent custody, and denying Grandmother’s motion for legal custody, where the evidence supported that permanent custody was in the child’s best interest. | Zmuda | Erie |
2/22/2024
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2/23/2024
| 2024-Ohio-686 |
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State v. Lipkins
| L-23-1088 | Trial court sentencing clerical error. Judgment affirmed, in part, and reversed, in part, for nunc pro tunc entry. Osowik | Osowik | Lucas |
2/16/2024
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2/16/2024
| 2024-Ohio-608 |
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State ex rel. Right to Life Action Coalition of Ohio v. Capital Care of Toledo, L.L.C.
| L-23-1093 | Osowik. Affirming dismissal of action on grounds of mootness | Osowik | Lucas |
2/16/2024
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2/16/2024
| 2024-Ohio-609 |
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