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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State v. Williams 16AP-350The trial court did not err in its evidentiary rulings or its handling of the witnesses at appellant's trial. The evidence was legally sufficient to convict him of the two counts of robbery under R.C. 2911.02, and the convictions were not against the manifest weight of the evidence. The assignments of error are overruled and the judgment is affirmed.HortonFranklin 3/15/2018 3/15/2018 2018-Ohio-974
Columbus v. Reiner 16AP-513Judgment affirmed. There was competent, credible evidence for the trial court to find that appellant violated Columbus City Code ("CCC') 709.03(B), Standards Relative to Noxious Weeds, and CCC 707.03(A), Standards Relative to Solid Waste. In addition, regulations protecting the health, safety and welfare of the public, may be enforced against preexisting, nonconforming uses, and appellant failed to meet the two-part test for establishing a prima facie claim for selective prosecution.HortonFranklin 3/15/2018 3/15/2018 2018-Ohio-975
State v. Wade 16AP-674Defendant's convictions for multiple counts of aggravated murder, kidnapping, aggravated robbery, and aggravated burglary, with associated gang and firearm specifications, were not against the manifest weight of the evidence and were affirmed. The state on appeal conceded error in sentencing and the matter was reversed in part and remanded for resentencing.KlattFranklin 3/15/2018 3/15/2018 2018-Ohio-976
Green Tree Servicing, L.L.C. v. Asterino-Starcher 16AP-675 & 17AP-273Trial court properly granted summary judgment in favor of plaintiff in foreclosure action. Appellant, as a junior lienholder, did not have standing to challenge the negotiation of the original lender's note. Although the junior lienholder, as holder of a competing lien in the subject property, had limited rights to challenge the senior lien's mortgage assignments, the state of the evidence did not create a genuine issue of material fact regarding the relative priority of liens. Trial court did err in dismissing, without notice, an FDCPA counterclaim brought by junior lienholder. Judgment reversed and cause remanded.SadlerFranklin 3/15/2018 3/15/2018 2018-Ohio-977
State ex rel. Webber v. Blue Ash Care Ctr. 16AP-676The magistrate did not err in finding that the record contains some evidence supporting the Industrial Commission's decision to deny relator's application for permanent total disability ("PTD") compensation. Additionally, the magistrate did not err in finding that the commission did not abuse its discretion in considering the non-medical factors in connection with denying relator's request for PTD compensation. Objections overruled; writ denied.Luper SchusterFranklin 3/15/2018 3/15/2018 2018-Ohio-978
Cameron v. Univ. of Toledo 16AP-834Trial court did not err in finding that the affirmative defense of actively enforcing a policy against hazing applied to plaintiff's claim for hazing under R.C. 2307.44. Court of Claims erred in finding that the University did not owe a duty of care to plaintiff.DorrianFranklin 3/15/2018 3/15/2018 2018-Ohio-979
Gamble Hartshorn, L.L.C. v. Lee 17AP-35Trial court did not abuse its discretion in denying Civ.R. 60(B) motion as appellant failed to demonstrate excusable neglect.BrownFranklin 3/15/2018 3/15/2018 2018-Ohio-980
State ex rel. Hall v. Ohio Parole Bd. 16AP-754Relator's petition for a writ of mandamus is sua sponte dismissed for failure to comply with the mandatory requirements of R.C. 2969.25. Objections to magistrate's decision are overruled with pending motions held moot, and relator is ordered to pay cost.BrunnerFranklin 3/13/2018 3/13/2018 2018-Ohio-929
Bond v. Pandolfi 16AP-756Appellant is precluded by the doctrine of invited error from challenging the judgment she induced the trial court to make when it sustained her motion from relief from judgment under Civ.R. 60(A) and made a substantive change to the judgment by replacing the parenting plan previously affirmed on appeal. Nevertheless, the error is recognized, as it is apparent from the record. As appellee argues, the rule only allows the correction of clerical errors. Any modification of the parenting plan must arise under R.C. 3109.04. The judgment is reversed and the cause remanded to the trial court with instructions to vacate the judgment entry that forms the basis of this appeal and reinstate the parenting plan affirmed in the first appeal.HortonFranklin 3/13/2018 3/13/2018 2018-Ohio-930
In re C.J. 16AP-891, 17AP-162, 17AP-191Trial court erred in transferring jurisdiction to tribal court in juvenile custody case when mother objected to the transfer. Under the provisions of the Indian Child Welfare Act, parental objection acted as absolute veto to transfer.TyackFranklin 3/13/2018 3/13/2018 2018-Ohio-931