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Case CaptionCase No.Topics and IssuesAuthorCitation / CountyDecidedPostedWebCite
Abrams v. Abrams 27345The trial court did not abuse its discretion in finding that Appellee was not in contempt of court for failing to refinance the parties' marital residence in Appellee's name as ordered by the parties' divorce decree because Appellee sufficiently established her inability to comply with said order. The trial court also did not abuse its discretion in overruling Appellant's motion to modify child support. Contrary to Appellant's claim otherwise, the trial court's calculation of Appellee's gross income was supported by the record and did not establish a substantial change of circumstances warranting a modification of the child support order. Affirmed.WelbaumMontgomery 6/16/2017 6/16/2017 2017-Ohio-4319
State v. Brandyberry 2015-CA-30The trial court disapproved Appellant-defendant's participation in Intensive Program Prison. R.C. 2929.19(D) requires the trial court to make a finding that gives the reasons for such disapproval. The trial court, based upon the entirety of the sentencing hearing, made a sufficient finding to satisfy R.C. 2929.19(D). The trial court, however, erred, as conceded by the State, by including court costs and appointed counsel fees within a post-confinement payment schedule. The trial court's final judgment entry is modified by excising the words "court costs" and "court appointed legal fees" from the financial obligation payment schedule. Judgment affirmed as modified.TuckerChampaign 6/16/2017 6/16/2017 2017-Ohio-4320
Conlan v. Ag-Renu at Versailles, Inc. 2016-CA-11Appeal dismissed for lack of a final appealable order. Trial court's judgment entry failed to address counterclaims against plaintiffs.FroelichDarke 6/16/2017 6/16/2017 2017-Ohio-4321
Farmers State Bank v. Sponaugle 2016-CA-4Trial court erred in ordering and confirming the sale of defendants' property absent a final appealable judgment and decree of foreclosure. Judgment reversed and case remanded for further proceedings. (Hall, P.J., dissenting.)FroelichDarke 6/16/2017 6/16/2017 2017-Ohio-4322
State v. Johnson 27140Appellant challenges only his jail sentence. Because Appellant has served his entire sentence, this appeal is moot. Dismissed.DonovanMontgomery 6/16/2017 6/16/2017 2017-Ohio-4323
Myers v. Brewer 2016-CA-10Based upon the parties' income disparity, the trial court did not abuse its discretion when it designated appellant as the child support obligor. The trial court did not err when it overruled appellant's objection requesting a downward deviation in his support obligation for the parties' two youngest children. The trial court's decision adopting a thirty-five per cent child support deviation for the parties' oldest child was reasonable and supported by the record. Lastly, the trial court failed to include the mandatory elements outlined in R.C. 3119.23 in its judgment entry adopting the magistrate's decision. Accordingly, this matter is remanded so that the trial court may include in its judgment entry the original annual obligation from line 23 of the child support worksheet, the deviation amount, and the actual obligation amount after the deviation is deducted. In all other respects, the judgment of the trial court is affirmed. DonovanDarke 6/16/2017 6/16/2017 2017-Ohio-4324
In re R.M. 27318The juvenile court did not err in overruling Father's objections to the decision of the magistrate granting permanent custody of R.M. to MCCS and overruling Father's "Motion to Transfer Foster Care." MCCS demonstrated reasonable efforts toward reunification. Judgment affirmed.DonovanMontgomery 6/16/2017 6/16/2017 2017-Ohio-4325
State v. Reno 27229Trial court did not err when it overruled appellant's motion to suppress. Appellant's furtive movements, observed by the police, corroborated a tip from an anonymous informant and provided them with reasonable suspicion to conduct an investigative stop and pat-down of appellant for weapons during which contraband was located. Judgment affirmed. DonovanMontgomery 6/16/2017 6/16/2017 2017-Ohio-4326
State v. Smith 27272The trial court did not err in overruling the appellant's motion raising an allied-offense challenge to consecutive sentences he received following his 2005 conviction for aggravated robbery and aggravated burglary. Because the appellant's sentences were not void, in this, at least his tenth appeal, the trial court did not err in finding his allied-offense argument barred by res judicata and untimeliness. Judgment affirmed.HallMontgomery 6/16/2017 6/16/2017 2017-Ohio-4327
State v. Jackson 27351The trial court erred in concluding that State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, precluded the use of a juvenile adjudication as an element of the offense of having weapons while under disability (i.e., as establishing a disability). State v. McComb, 2d Dist. Montgomery No. 26884, 2017-Ohio-4010, followed. Judgment reversed and remanded. (Donovan, J., dissenting).FroelichMontgomery 6/9/2017 6/9/2017 2017-Ohio-4197