MEMORANDUM OPINION THOMAS R. WRIGHT , J. { 1} Appellant, Denise Paolucci, appeals the trial court's judgment granting appellees, Timothy and Maren Morgan, partial summary judgment. { 2} Paolucci boarded three horses on the Morgans' property. Paolucci filed her complaint against the Morgans asserting claims for breach of contract, negligence, and wrongful disposal of her dead foal. The allegations supporting the various claims are immaterial. Although not captioned as a partial motion...
OPINION THOMAS R. WRIGHT , J. { 1} Appellants, Lameka Hunt McCluskey "mother" and Donald Sims, Sr. "father," are the biological parents of D.S. Mother and father separately appeal the decision of the Trumbull County Court of Common Pleas, Juvenile Division, that permanently terminates their parental rights with respect to their son, D.S., and awards his permanent custody to the Trumbull County Children Services Board ("TCCSB" or "the agency") for adoption planning and placement under R.C....
OPINION DONOFRIO , P.J. { 1} Defendant-appellant, Terrie Tesack, appeals from a Jefferson County Common Pleas Court judgment sentencing her to six months of community control followed by probation and ordering her to pay $500 in restitution after her guilty plea to charges of obstruction of justice, theft, falsification, and attempted theft by deception. { 2} In July 2014, the Wietfelds hired appellant to house sit for them while they were on vacation. During the time she was house...
OPINION DeGENARO , J. { 1} K.S.F., a minor, appeals the Columbiana County Juvenile Court's decision finding her to have operated a motor vehicle at a speed in excess of the posted limit and designating her as a juvenile traffic offender. As the State failed to produce sufficient evidence of the scientific reliability of the radar device, K.S.F.'s argument is meritorious and the decision of the juvenile court is reversed and vacated. { 2} Ohio State Highway Patrol Trooper Neal Everett...
DECISION AND JUDGMENT SINGER , J. { 1} This matter is before the court upon the complaint of relator, L.A.S., Laura A. Smith, trustee of the Isabelle Hilt Trust Agreement, and Bree Noblitt-Brown, guardian of the person and estate of Isabelle A. Hilt, for a writ of procedendo to compel the Sandusky County Probate Judge, Hon. Brad Smith, to approve or reject a consent judgment entry proposed by the parties and timely submitted on June 29, 2015. { 2} We issued an alternative writ...
OPINION ROBB , J. { 1} Plaintiffs-Appellants Melissa and Mark Stanton appeal the decision of the Mahoning County Common Pleas Court granting summary judgment in favor of Defendants-Appellees Marc's Store. The issue is whether there is evidence from which a reasonable juror could find the store was negligent by failing to remove or warn about a spill in the pop aisle. Specifically, we must determine whether the store should be charged with constructive notice of the spill. For the...
OPINION ROBB , J. { 1} Defendant-Appellant Wendy Olson appeals the decision of Columbiana County Common Pleas Court denying her Civ.R. 60(B) motion to vacate the decree of dissolution between herself and Plaintiff-Appellee John S. Olson. Appellant raises multiple arguments in this appeal, however, only two are dispositive. They are: 1) whether the trial court lacked jurisdiction over the dissolution because relief from the automatic bankruptcy stay was not acquired, and 2) whether the...
DECISION SADLER , J. { 1} Plaintiff-appellant/cross-appellee, Gatling Ohio, LLC ("Gatling"), appeals the February 26, 2015 judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee/cross-appellant, Allegheny Energy Supply Company, LLC ("Allegheny"), on a coal sales contract dispute. For the reasons that follow, we reverse and remand the trial court judgment. I. FACTS AND PROCEDURAL HISTORY { 2} Our review of this case primarily...
DECISION BRUNNER , J. I. INTRODUCTION { 1} This decision is a review of an administrative appeal of a decision of the Ohio Liquor Control Commission ("commission") to the Franklin County Court of Common Pleas. The appeal of the commission's decision (and previously of the decision of the Ohio Division of Liquor Control ("division") overruling objections to the issuance of C-1 and C-2 liquor permits to appellant) was filed by appellee City of Mentor ("city" or "Mentor") concerning the...
DECISION BROWN , P.J. { 1} Joseph M. Bilyk, defendant-appellant, appeals the judgment of the Franklin County Court of Common Pleas in which the court granted the motion for summary judgment filed by Fannie Mae (Federal National Mortgage Association) ("Fannie Mae"), plaintiff-appellee. { 2} Only a brief recitation of the underlying facts of this case is necessary for purposes of this appeal. On May 20, 2005, appellant executed a note and mortgage. The note and mortgage were later...
BRUNNER , J. { 1} Plaintiff-appellant/cross-appellee, Lynn Edelman, Individually and Derivatively on Behalf of EDCO Tool and Supply, Inc., appeals from a judgment of the Franklin County Court of Common Pleas that granted compensatory and punitive damages, attorney fees, and permanent injunctive relief against defendants-appellees/cross-appellants, Samuel Richard Edelman, Jerry Zail Edelman, Barry David Edelman, and EDCO Tool and Supply, Inc. Appellees/cross-appellants have filed a cross-...
JOURNAL ENTRY AND OPINION KATHLEEN ANN KEOUGH , P.J. { 1} Defendant-appellant, Demetrius Craig, appeals his convictions for attempted felonious assault and having weapons while under disability. Craig's appointed counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct.1396, 18 L.Ed.2d 493 (1997), and now seeks leave to withdraw as counsel. After a thorough review of the record, we grant counsel's request to withdraw and we dismiss the appeal. { 2} In Cuyahoga...
DECISION AND JOURNAL ENTRY JENNIFER HENSAL , Presiding Judge . { 1} Kaleb Fitzpatrick appeals a judgment of the Wayne County Court of Common Pleas, Juvenile Division, that granted Charmaine Zerga's motion to modify decree. For the following reasons, this Court affirms. I. { 2} Ms. Zerga gave birth to C.F. in October 2008. After Mr. Fitzpatrick was established as C.F.'s father, Mother and Father entered into a shared parenting plan. Mother later moved to transfer custody of C.F. to her...
MEMORANDUM OPINION DIANE V. GRENDELL , J. { 1} Appellants, Joseph T. Snyderburn and Michelle R. Snyderburn, by and through counsel of record, filed the instant appeal from an October 8, 2015 entry of the Geauga County Court of Common Pleas, in which the court entered judgment in favor of appellees, Donald P. Caruso, Carol A. Caruso, and the Architectural Review Committee of the Greystone Subdivision. { 2} A review of the record reveals that on October 22, 2013, appellees filed an...
OPINION COLLEEN MARY O'TOOLE , J. { 1} This consolidated appeal involves the grant of summary judgment by the Trumbull County Court of Common Pleas to various landowners in their declaratory actions to have certain oil and gas leases deemed invalid. Lessee oil and gas companies appeal this judgment. Finding their arguments with merit, we reverse and remand. { 2} Mae Baxter, Richard and Ladda Love, and Raymond J. Shaffer ("landowners"), all filed actions, seeking declarations that the...
OPINION CYNTHIA WESTCOTT RICE , J. { 1} Appellant, John R. Fox, appeals the judgment of the Portage County Court of Common Pleas denying his motion to suppress evidence, following which he pled no contest to and was convicted of aggravated murder and related offenses. This case involves the use by appellant of Craigslist to lure a male prostitute to his apartment to murder him. At issue is whether the trial court erred in denying appellant's motion to suppress evidence. For the reasons...
OPINION COLLEEN MARY O'TOOLE , J. { 1} Robert Stack appeals from the judgment of the Lake County Court of Common Pleas, entered on a jury verdict, finding him guilty of felonious assault and perjury. Mr. Stack contends his convictions are supported by insufficient evidence, and are against the manifest weight of the evidence. We affirm in part, reverse in part and remand. { 2} July 21, 2013, Russell Stephens returned home after completing a delivery of cars to Texas. Arriving at the...
OPINION WILLIAM B. HOFFMAN , P.J. { 1} Plaintiffs-appellants Samuel and Anna Lee ("the Lees") appeal the February 27, 2015 Judgment Entry entered by the Stark County Court of Common Pleas granting summary judgment in favor of Defendants-appellees David L. Ballard, the City of Canton and Progressive Specialty Insurance Company. STATEMENT OF THE FACTS AND CASE { 2} On February 12, 2011, the Lees were traveling westbound on Route 30 in Canton, Ohio and were involved in an automobile...
OPINION HOFFMAN , P.J. { 1} Plaintiff-appellant Fred Gustafson as Executor of the Estate of Helen Gustafson, deceased ("Gustafson") appeals the March 4, 2015 Judgment Entry/Order entered by the Perry County Court of Common Pleas, Probate Division, which granted summary judgment in favor of defendants-appellees Joyce Miller, Gus Transport, Inc., and Pine Lakes II, LLC. STATEMENT OF THE CASE AND FACTS { 2} Helen Gustafson ("Decedent") passed away on May 10, 2012, survived by three...
OPINION HOFFMAN , P.J. { 1} Defendant-appellant Chad M. Morrison appeals his conviction entered by the Muskingum County Court of Common Pleas on two counts of obstructing justice, in violation of R.C. 2921.32. Plaintiff-appellee is the state of Ohio. STATEMENT OF THE FACTS AND CASE { 2} On January 22, 2014, Isaac Thomas was released from jail and visited Appellant at his house. While at the house, Thomas stole a gun owned by Appellant. { 3} Thomas returned to Appellant's house...
