OPINION WAITE , J. { 1} Appellant Wayne Christian appeals an October 26, 2016 Jefferson County Common Pleas Court judgment entry denying his "Motion for Declaratory Judgment." Appellant argues that a statute criminalizing sexual conduct between a person with knowledge of their human immunodeficiency virus ("HIV") status and a person under the age of eighteen amounts to a violation of equal protection. Pursuant to State v. Batista, ___ Ohio St.3d ___, 2017-Ohio-8304, ___ N.E.3d ___,...
DECISION AND JUDGMENT ENTRY HARSHA , J. { 1} William Cremeans, the administrator of the estate of a deceased, filed claims against Heartland of Chillicothe OH, L.L.C., and other related defendants, which the administrator alleged owned and operated a nursing home where the decedent had been a resident before she died. The defendants claim the common pleas court erred by denying their motion to stay proceedings in the case pending arbitration. { 2} We reject their assertion because the...
OPINION WAITE , J. { 1} Appellant William Wills appeals from a judgment of the Mahoning County Court of Common Pleas granting Appellee Jeanne Martin's motion for summary judgment on Appellant's counterclaims for nuisance, frivolous litigation, vexatious conduct, intentional infliction of emotional distress, invasion of privacy and defamation. The trial court did not err in ruling on the motion for summary judgment. This record reveals that Appellant raised no material issue of fact and...
OPINION WAITE , J. { 1} Appellants Donald V. and Julie A. Hogue appeal a November 17, 2016 decision of the Monroe County Common Pleas Court to grant summary judgment in favor of Appellees Roy L. Whitacre, K.L.J., Inc. ("KLJ"), Buckeye Oil Company ("Buckeye"), Clearfork Oil Company ("Clearfork"), Whitacre Oil Company ("Whitacre Oil"), Whitacre Enterprises, Inc. ("Whitacre Enterprises"), AR Ohio L.L.C. ("AR"), and American Energy. Appellants argue that the trial court erroneously...
OPINION WAITE , J. { 1} Appellant Frank Lee Larkins, Jr. appeals a June 1, 2016 Jefferson County Common Pleas Court decision finding him guilty of one count of rape. Appellant argues that the trial court erroneously denied his motion for a mistrial after a witness blurted out that he supposedly had intercourse with eight or nine other girls. For the reasons provided, Appellant's argument is without merit and the judgment of the trial court is affirmed. Factual and Procedural History {...
DECISION AND JUDGMENT ENTRY PER CURIAM . { 1} Glenn and Donita Eskridge appeal from the trial court's judgment finding that Appellees, Gordan and Sandra Blanton, had established an easement of necessity over a portion of the land owned by the Eskridges. The Blanton and Eskridge properties are adjacent to one another and are bordered on the west by State Route 52. The property currently owned by the Blantons became landlocked in the 1960's when the State of Ohio appropriated approximately...
OPINION BALDWIN , J. { 1} Defendant-appellant Charles F. Ingram appeals his conviction and sentence from the Delaware County Court of Common Pleas for illegal use of a minor in nudity-oriented material or performance, unlawful sexual conduct with a minor, and rape. Plaintiff-appellee is the State of Ohio. STATEMENT OF THE FACTS AND CASE { 2} On September 2, 2016, the Delaware County Grand Jury indicted appellant on five counts of rape (Counts 1, 3, 5, 6, 7) in violation of R.C. 2907....
OPINION THOMAS R. WRIGHT , J. { 1} Appellants, the City of Streetsboro Planning and Zoning Commission and two of the city's zoning officials, appeal the common pleas court's decision reversing the Commission's determination denying a conditional use permit. Appellants primarily challenge the common pleas court's ruling that the Commission misapplied the evidence to the statutory criteria. The trial court's decision is reversed and the Commission's determination is reinstated. { 2}...
DECISION AND JOURNAL ENTRY CALLAHAN , Judge . { 1} Partners for Payment Relief DE III, LLC ("Partners") appeals a judgment of the Summit County Court of Common Pleas that denied its motion to set aside foreclosure sale or, in the alternative, confirm the sale without requiring it to pay extinguished tax certificate liens. This Court affirms. I. { 2} Partners filed a complaint for money judgment and foreclosure against Hazel Moss. It named Woods Cove III, LLC ("Woods Cove") as a...
HORTON , J. DECISION SADLER , J. , concurring in part and dissenting in part. { 1} Defendant-appellant, Michael D. Smith ("Smith"), appeals from a jury verdict finding him guilty of aggravated menacing, disorderly conduct, and ethnic intimidation. For the reasons set forth below, we affirm in part and reverse in part. I. FACTUAL AND PROCEDURAL BACKGROUND { 2} On August 28, 2015, a five-count complaint was filed alleging that Smith had committed a series of misdemeanor offenses...
JOURNAL ENTRY AND OPINION MELODY J. STEWART , P.J. : { 1} Eighty-four employees working in smelting plants of Alcoa, Inc., an aluminum manufacturer, alleged that they suffered injuries from exposure to toxic coal-tar pitch contained in a product made by plaintiff-appellant GrafTech International, Ltd. GrafTech demanded coverage and legal representation under a series of insurance policies issued by its primary insurer, defendant-appellee Pacific Employers Insurance Company, whose parent...
OPINION Zayas , Judge . { 1} In these eight consolidated appeals, defendants-appellants The Christ Hospital ("Christ"), Cincinnati Children's Hospital Medical Center ("Children's"), and Abubakar Atiq Durrani, M.D., ("Durrani") appeal from the trial court's December 15, 2015 general order. In four of these appeals, those involving plaintiffs-appellees Karen Crissinger and Patrick Calligan, we reverse the trial court's judgment and remand the causes for further proceedings. In the...
OPINION ROBB , P.J. { 1} Plaintiff-Appellant Gudrun Ann McAuley appeals the decision of Noble County Common Pleas Court granting summary judgment in favor of Defendants-Appellees Donald Brooker, Roger Gantz, Shirley Gantz, Sidney Karin, Jack Morris, and Catherine Morris. There are two issues raised in this appeal. { 2} The first issue is whether the reservation in the 1961 deed for oil, gas, and mineral interest owned by Cora retained the interest for Cora's heirs, or was that...
OPINION DELANEY , P.J. { 1} Appellant Brenda J. Fletcher appeals from the February 28, 2017 Judgment Entry on Sentence of the Delaware County Court of Common Pleas. Appellee is the state of Ohio. FACTS AND PROCEDURAL HISTORY { 2} In October 2012, appellant was employed by Aramark and was injured at work. She filed a claim for the workplace injury with the Ohio Industrial Commission, generating a claim for workers' compensation. The claim was assigned a claim number with the Bureau of...
JOURNAL ENTRY AND OPINION LARRY A. JONES, Sr. , J. { 1} Defendants-appellants Bradley Young and Laurel Young appeal several of the trial court's judgments in this case that (1) denied the Youngs' motion to enforce the settlement agreement; (2) granted the motion of plaintiff-appellee Josh Kaufman, Trustee of the Joyce Kaufman 2012 Irrevocable Trust ("Trust") to strike the Youngs' reply brief in support of the Youngs' motion to enforce the settlement agreement; (3) denied the Youngs'...
JOURNAL ENTRY AND OPINION MARY J. BOYLE , J. : { 1} Defendant-appellant, Joseph G. Corsaro, appeals from the trial court's order disqualifying his counsel, Attorney Steven B. Beranek, in relation to his counterclaim against plaintiff-appellee, Bradley A. Wynveen ("Bradley"). He raises one assignment of error for our review: Did the Trial Court abuse its discretion when it disqualified Attorney Steven Beranek from continuing to represent Joseph G. Corsaro, as Trustee of the Bradley A....
JOURNAL ENTRY AND OPINION EILEEN T. GALLAGHER , J. { 1} In this administrative appeal, plaintiff-appellant, Tami Ruiz, pro se, appeals a judgment of the Garfield Municipal Court designating her dog a "dangerous dog" under the Brecksville Codified Ordinances. She raises four assignments of error: 1. The trial court erred when it denied plaintiff-appellant's appeal to the Garfield Heights Municipal Court to dismiss the city of Brecksville's dangerous dog determination, overruling Ruiz's...
JOURNAL ENTRY AND OPINION ANITA LASTER MAYS , J. { 1} Defendants-appellants Ciuni and Panichi, Inc., Charles M. Ciuni, C&P Businesses, L.L.C., and C&P Advisors, L.L.C. (collectively "defendants") appeal the trial court's decision to deny their motion to stay litigation pending arbitration, and asks this court to reverse the trial court's decision. After review, we affirm. I. Facts { 2} Plaintiff-appellee Peter Constantino ("Constantino") filed a complaint against the defendants...
JOURNAL ENTRY AND OPINION PER CURIAM : { 1} In the early 2000s, Joanne and Alan Schneider were involved in a Ponzi scheme that cost innocent investors millions of dollars. 2 Individual investors were not the only ones affected by the couple's fraud, and litigation resulting from the Schneiders' investment scheme is still ongoing. These consolidated appeals are the culmination of court proceedings that arose from part of the Schneiders' wrongdoings and involved investment in property in...
DECISION AND JUDGMENT KLATT , J. { 1} Defendants-appellants, the Corrections Commission of Northwest Ohio ("Commission"), the Lucas County Board of Commissioners ("Board"), the Lucas County Sheriff ("Sheriff"), and the Boards of Commissioners of Defiance County, Fulton County, Henry County, and Williams County, appeal a judgment entered by the Lucas County Court of Common Pleas in favor of plaintiff-appellee, the City of Toledo. For the following reasons, we affirm that judgment. { 2}...
