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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
State ex rel. Newcomb v. Thalheimer 17AP-689Because relator failed to satisfy the statutory requirements, we adopt the magistrate's decision as our own and grant respondent's motion to dismiss. Action dismissed.Luper SchusterFranklin 4/19/2018 4/19/2018 2018-Ohio-1525
State v. Williams 17AP-522The trial court did not plainly err in instructing the jury that the verdict must be unanimous as to all charges and specifications, but it did err when it sentenced the defendant to consecutive terms of imprisonment for two one-year gun specifications even though both specifications arose from a single act or transaction.BrunnerFranklin 4/19/2018 4/19/2018 2018-Ohio-1526
Wild v. Midwest Gift Assn., Inc. 17AP-508The trial court erred in granting summary judgment to warehouse lessee and booth operator sublessee when it did not draw all reasonable inferences in favor of the plaintiff and treated certain admissible matters of evidence as "hearsay" and "pure speculation."BrunnerFranklin 4/19/2018 4/19/2018 2018-Ohio-1527
State v. Taylor 17AP-329Trial court partially complied with Crim.R. 11 by advising defendant that he was subject to a period of post-release control of "up to" five years when defendant was subject to mandatory five years for post-release control. Therefore, defendant must demonstrate prejudice to invalidate his plea. Defendant failed to do so.KlattFranklin 4/19/2018 4/19/2018 2018-Ohio-1528
State v. Allen 17AP-296The trial court erred in ordering the defendant to pay restitution to three banks. Although the banks cashed the forged checks, the economic loss was initially suffered by the account holders. The banks were third parties that reimbursed the accounts. As such, the banks were not the victims of the offenses and not entitled to restitution.KlattFranklin 4/19/2018 4/19/2018 2018-Ohio-1529
Dept. of Youth Servs. v. Grimsley 16AP-682Where the common pleas court correctly overruled the legal errors asserted by the appellant, but committed legal error in misstating and thereby misapplying a result not reached by an order of the State Personnel Board of Review, that portion of the appellant's assignment of error challenging the common pleas court's reading and application of the SPBR order is sustained. Judgment reversed in part and cause remanded for correction of this error.BrunnerFranklin 4/19/2018 4/19/2018 2018-Ohio-1530
Wells Fargo Fin. Ohio 1, Inc. v. Doe(s) 17AP-727Trial court granted default judgment on claim for breach of promissory note but denied default judgment on claim for foreclosure of mortgage because acknowledgment clause in mortgage was defective. Because it was unclear whether trial court considered effect of recent amendment to R.C. 5301.07(C) on defective acknowledgment clause in mortgage, decision was reversed in part and remanded for consideration of that issue.DorrianFranklin 4/17/2018 4/17/2018 2018-Ohio-1472
State of Ohio v. [A.G.] 17AP-722The trial court erred when it granted [A.G.]'s application to seal the record of his dismissed indictment.Luper SchusterFranklin 4/17/2018 4/17/2018 2018-Ohio-1473
In re J.R. 17AP-698Juvenile court judgment granting permanent legal custody to the public agency was not against the manifest weight of the evidence where uncontested evidence supported the juvenile court's finding that the child had been in the temporary custody of the public agency for 12 or more months of a consecutive 22-month period, and granting permanent custody to the public agency was in the child's best interest given the mother's unresolved substance abuse and housing issues. Judgment affirmed.SadlerFranklin 4/17/2018 4/17/2018 2018-Ohio-1474
Slater v. Grubb & Assocs., LPA 17AP-453The trial court possessed the subject-matter jurisdiction to determine the enforceability of the intervenor's alleged charging lien. The trial court did not err in allowing the law firm asserting the charging lien to intervene in the action, but the trial court erred in enforcing the alleged charging lien.KlattFranklin 4/17/2018 4/17/2018 2018-Ohio-1475