05/18/2017


Case Caption

Case No.Topics and IssuesAuthorDecided
Harris v. Belvoir Energy, Inc. 103460Discovery; trade secrets; evidence; hearing; in camera; cash receipts ledgers; burden; privilege; R.C. 1333.61(A); App.R. 9(C). The trial court's failure to hold an evidentiary hearing on the record to determine whether the challenged discovery materials were privileged was reversible error.Gallagher 5/18/2017
Johnson v. U.S. Title Agency, Inc. 103665Civ.R. 56, summary judgment, R.C. 3953.32, closing protection coverage, breach of closing instructions, third-party beneficiary, title insurance, mortgage, lien priority, fiduciary duty of dual escrow and closing agent. The trial court erred in granting summary judgment for the title company where there are genuine issues of material fact regarding appellant: (1) status as a party or third-party beneficiary to lender's written closing instructions; (2) provision of verbal closing instructions to title company; and (3) breach of fiduciary duty, arising out of the failure of the closing agent to obtain the contractor's signature to the loan agreement that would maintain lender's mortgage priority over subsequent liens, and to provide certain lien coverage and exclusions under the title insurance policies, as allegedly required by the written and verbal closing instructions.Laster Mays 5/18/2017
Beswick Group N. Am., L.L.C. v. W. Res. Realty, L.L.C. 104330Breach of contract; declaratory judgment; broker's commission; broker's liens; breach of contract; Civ.R. 56; Civ.R. 60(B); relief from judgment; admissions; failure to respond; excusable neglect; R.C. 1311.90; R.C. 1311.93; standing; equitable interest; legal interest; R.C. 1311.92. The trial court did not err in granting summary judgment where the real estate agent, through affidavits and requests for admissions that were deemed admitted, demonstrated that they were entitled to sales commissions for the sale of two commercial properties. The trial court also did not err in denying a motion for relief from judgment where the motion did not set forth a meritorious claim or defense and the motion did not demonstrate excusable neglect.Celebrezze 5/18/2017
State v. Brown 104573Motion to withdraw guilty plea; mootness; subsequent grant of similar motion; limited remand. An appeal from the denial of a motion to withdraw a guilty plea was rendered moot when the trial court, during a limited remand from this court, granted a subsequent motion to withdraw a guilty plea.Celebrezze 5/18/2017
State ex rel. Clinton v. MetroHealth Sys. 104685Motion for relief from judgment, Res Judicata. Appellant's claim that the trial court erred in denying her motion for relief from judgment is incorrect and barred by res judicata, as these issues have been decided upon previously by this court.Laster Mays 5/18/2017
State v. Amison 104728Tampering with records; R.C. 2913.42(A)(1); R.C. 2913.42(A)(2); falsifying a document; uttering a document; allied offenses; separate animus. - Defendant's convictions for falsifying an Ohio BMV document under R.C. 2913.42(A)(1) and uttering the same BMV document under R.C. 2913.42(A)(2) were not allied offenses of similar import because, although the offenses were committed on the same day at the same location and involved the same document, the offenses were committed with a separate animus.Keough 5/18/2017
Eighmey v. Cleveland 104779Class action; typicality; Civ.R. 23(A); class representative; res judicata, failure to exhaust administrative remedies; standing. Trial court erred in certifying a class action where the sole named plaintiff lacked standing to bring the action.Gallagher 5/18/2017
State v. Foster 104809Motion to suppress; closed container; investigatory intent. Trial court did not err in suppressing evidence obtained from officer's opening of a closed iced tea container where the evidence demonstrated that he opened container with investigatory intent.Blackmon 5/18/2017
Reising v. Reising 104864Civil stalking protection order; R.C. 2903.214; motion to terminate; abuse of discretion; standard of proof; preponderance of the evidence; moot. The trial court abused its discretion by applying a clear and convincing evidence standard of proof in denying a motion to terminate a civil stalking protection order issued pursuant to R.C. 2903.214. The trial court should have applied a preponderance of the evidence standard when determining whether the respondent proved that the original circumstances materially changed and whether it was no longer equitable for the civil stalking protection order to continue.Boyle 5/18/2017
State v. Richmond 105036Motion to suppress; consensual encounter; burnt marijuana; probable cause. The search of appellant's vehicle was supported by sufficient probable cause and did not violate appellant's constitutional rights.Blackmon 5/18/2017
Brooklyn v. Woods 105065Postconviction relief; R.C. 2953.21(D) and (E)/substantive grounds for relief; required time to respond to petition; hearing; res judicata. Appellant's grounds stated in his petition either were, or could have been raised in his direct appeal and, therefore, are barred under the doctrine of res judicata. Nonetheless, upon appellant's petition, the trial court reviewed the record and determined there to be no infringement of appellant's rights and thus, appellant was not entitled to a hearing.Jones 5/18/2017
Chandlers Lane Condominium Owners Assn. v. Gillespie 105097Injunctive relief; service of complaint; hearing. It was error for the trial court to grant a permanent injunction against appellant where appellant had only been served with the complaint on the same day of the hearing.Jones 5/18/2017
Cleveland v. McCall 105310Conceded error; no contest plea. Court's acceptance of no contest plea reversed for failure to comply with Traf.R. 10 and Crim.R. 11(D). Case remanded to municipal court for further proceedings.Blackmon 5/18/2017
State v. Brown 101367App.R. 26(B); application to reopen; ineffective assistance of appellate counsel; untimely filing; mental illness; self-serving affidavit; inadequate library resources; consecutive sentences; guilty plea; review of each element of the offense. This court denied the App.R. 26(B) application to reopen as untimely. Claims of medical conditions to excuse untimely filing must be supported by medical records. Inadequate library resources also do not state good cause for untimely filing. In accepting a guilty plea, a trial judge does not have to inform the defendant of the possibility of consecutive sentences or of each element of the charges. Appellate review is limited to the record.Jones 5/17/2017