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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Law Office of Russell Kelm v. Selby 15AP-1135The trial court did not abuse its discretion in finding that plaintiff-appellee/cross-appellant law firm was entitled to an award of attorney fees, the amount of which the trial court calculated, from defendant-appellant/cross-appellee former client. The record indicates that the trial court's judgments in a bench trial was based on competent, credible evidence going to the essential elements of the case. Both parties' assignments of error overruled. Judgment of the trial court affirmed.BrunnerFranklin 10/19/2017 10/19/2017 2017-Ohio-8239
State ex rel. Benjamin Steel Co., Inc. v. Indus. Comm. 15AP-107Magistrate's Decision adopted that the Industrial Commission abused its discretion in granting an additional award for violation of a specific safety requirement ("VSSR") where there was no evidence on which the commission could base the VSSR award. Industrial Commission had improperly applied Ohio Adm.Code 4123:1-3-02(C)(1) and (5) to find that employer had violated a specific safety requirement. Writ of mandamus granted.BrunnerFranklin 10/17/2017 10/17/2017 2017-Ohio-8214
Edmands v. State Med. Bd. of Ohio 16AP-726Medical board's decision was supported by reliable, probative, and substantial evidenceKlattFranklin 10/17/2017 10/17/2017 2017-Ohio-8215
State ex rel. Ferno-Washington, Inc. v. Indus. Comm. 17AP-100Finding no error of law or other defect on the face of the magistrate's decision, this court adopts the magistrate's decision as our own, including the findings of fact and conclusions of law. In accordance with the magistrate's decision, we deny relator's requested writ of mandamus.Luper SchusterFranklin 10/17/2017 10/17/2017 2017-Ohio-8216
State v. Hillman 17AP-256Judgment affirmed. Appellant's postconviction relief claims that his sentence is contrary to law and is therefore void, are untimely, barred by res judicata, and otherwise lack merit. In addition, the trial court has no duty to issue findings of fact and conclusions of law on successive or untimely petitions for postconviction relief.HortonFranklin 10/17/2017 10/17/2017 2017-Ohio-8217
Feathers v. Ohio Dept. Rehab. & Corr. 16AP-588Court of Claims decision denying appellant's negligence claim was not against the manifest weight of the evidence. There was some evidence supporting magistrate's conclusion that appellant was not returning from recreation when he fell and, therefore, a regulation requiring inmates to be escorted when returning from recreation did not apply. Additionally, there was some evidence supporting the magistrate's conclusion that appellee did not breach its duty of care to appellant. There was no defect on the stairs where appellant fell and appellant admitted that he was able to hold the handrail while ascending the stairs and did not ask for assistanceDorrianFranklin 10/12/2017 10/12/2017 2017-Ohio-8179
Habegger v. Owens Community College 17AP-297 & 17AP-301Not all nursing students were barred from pursuing a breach of contract claim against college which lost part of its accreditationTyackFranklin 10/12/2017 10/12/2017 2017-Ohio-8180
State ex rel. DPWN Holdings (USA), Inc. v. Indus. Comm. 16AP-370The commission did not abuse its discretion in the application of special circumstances or in the calculation of the AWW. Writ of mandamus denied.Luper SchusterFranklin 10/10/2017 10/10/2017 2017-Ohio-8148
Pla v. Cleveland State Univ. 17AP-212The trial court did not err in requiring appellant to pay $875 in attorney fees to appellee as a precondition to her refiling her motion for sanctions. The original motion for sanctions was dismissed because appellant's counsel did not timely appear at the hearing on that motion. Further, the trial court did not err in denying appellant's refiled motion for sanctions. Judgment affirmed.Luper SchusterFranklin 10/10/2017 10/10/2017 2017-Ohio-8149
State v. Brisco 16AP-759Trial evidence supported jury verdict of guilty as to felony murder based on felonious assault. Taking the weapon involved in a shooting outside the residence and placing it in a trash can could be construed as tampering with evidence, even though the defendant later told police where the gun was located.TyackFranklin 10/5/2017 10/5/2017 2017-Ohio-8089