OPINION DELANEY, J. { 1} Defendant-Appellant, Elaine Jones, appeals the judgment of the Stark County Court of Common Pleas, convicting her of one count of money laundering, a felony of the third degree, in violation of R.C. 1315.55(A)(2), one count of grand theft, a violation of R.C 2913.02(A)(3), a felony of the fourth degree, one count of forgery, a violation of R.C. 2913.31(A)(3), a felony of the fifth degree, and one count of identity fraud, a violation of R.C. 2913.49(B)(2), a felony of...
OPINION HOFFMAN, P.J. { 1} Appellant Gulf Underwriter's Insurance Company appeals the July 6, 2009 Judgment Entry of the Stark County Court of Common Pleas, denying its motion for summary judgment and granting Appellee United Foundries, Inc.'s motion for summary judgment on the issue of duty to defend. STATEMENT OF THE FACTS AND THE CASE { 2} On or about June 6, 2003, David Ward, an employee of United, Foundries, Inc. ("United") suffered a workplace injury. { 3} On June 7, 2004, Ward...
OPINION WISE, J. { 1} Appellants Forest River, Inc. and Holman Motors, Inc. appeal the September 22, 2009, decision of the Muskingum County Court of Common Pleas awarding counsel for Appellees $159,014.62 in attorney fees. STATEMENT OF FACTS AND LAW { 2} On July 1, 2005, Melissa and Timothy Durham bought a new 2005 Forest River Sunseeker 3100SS motor home. The vehicle was manufactured by Forest River, Inc. and sold by Forest River's authorized dealer, Holman Motors, Inc. { 3} Within...
DeGENARO, Judge. { 1} Defendant-appellant, Leonard Hamlett, appeals the September 1, 2009 judgment of the Youngstown Municipal Court convicting him of one count of violating a domestic-violence civil-protection order ("CPO"), pursuant to R.C. 2919.27(A)(1), and one count of aggravated menacing, pursuant to R.C. 2903.21, and sentencing him accordingly. Hamlett argues that because the CPO was not journalized by the court at the time of the alleged offense, it was not valid, and therefore, there...
DEGENARO, Judge. { 1} This timely appeal comes for consideration upon the record in the trial court and appellant's brief. Plaintiff-appellant, the state of Ohio, appeals the August 11, 2009 decision of the Youngstown Municipal Court that suppressed the results of field sobriety and breathalyzer tests in the context of an operating-the-vehicle-under-the-influence ("OVI") case against defendant-appellee, Julie Bish. On appeal, the state argues that contrary to the trial court's ruling, it met...
OPINION DeGENARO, J. { 1} Defendants/Appellants/Cross-Appellees, Multi-County Juvenile Attention System and individual employees of MCJAS timely appeal the July 13, 2009 decision of the Columbiana County Court of Common Pleas, denying their motion for summary judgment regarding Plaintiff/Appellee/Cross-Appellant Reed's state tort claims against the employees. The employees argue that they did not fail to raise the affirmative defense of statutory immunity in their answer, and that the trial...
DECISION AND JUDGMENT ENTRY RELEASED HARSHA, J. { 1} Sisters Ruth and Rosemary Dassel filed suit in the Jackson County Court of Common Pleas to recover a tract of undeveloped property they conveyed to Jonathan and Mary Hershberger by general warranty deed. The sisters alleged that they transferred the property to the Hershbergers in exchange for their promise to care for the sisters for the rest of their lives, and less than one month after the conveyance the Hershbergers breached the...
OPINION WISE, J. { 1} Appellant Keith A. Grice appeals from his conviction and sentence for heroin possession in the Court of Common Pleas, Licking County. The appellee is the State of Ohio. The relevant facts leading to this appeal are as follows. { 2} On February 12, 2010, the Licking County Grand Jury indicted appellant on possession of heroin, in violation of R.C. 2925.11 and possession of drug paraphernalia, in violation of R.C. 2925.14. { 3} On April 16, 2010, appellant appeared...
OPINION VUKOVICH, P.J. { 1} Defendant-appellant Daniel Austin appeals from his convictions and sentences rendered in the Mahoning County Common Pleas Court for kidnapping with a repeat violent offender specification, and aggravated burglary with a repeat violent offender specification. { 2} Austin argues in his first assignment of error that when the trial court sentenced him to maximum, consecutive sentences for the convictions, it impermissibly engaged in judicial fact-finding by finding...
OPINION PER CURIAM. { 1} This proceeding in mandamus is presently before this court for disposition of the summary judgment motion of respondent, Judge Vincent A. Culotta of the Lake County Court of Common Pleas. As the primary basis for the motion, respondent states that he is entitled to prevail on the sole claim of relator, Andrew P. Becar, because the undisputed facts of the action demonstrate that there was an alternative remedy which could have been pursued to resolve the underlying...
OPINION CYNTHIA WESTCOTT RICE, J. { 1} Appellant/Cross-Appellee LCD Videography, LLC ("LCD") appeals the judgment of the Lake County Court of Common Pleas denying its complaint for permanent and temporary injunctive relief against appellees/cross-appellants Marisa Finomore, et al. For the reasons discussed below, we affirm the decision of the trial court. { 2} From November of 2005 to December of 2007, appellee/cross-appellant Marisa Finomore ("Finamore") worked with LCD, an upper-echelon...
BROGAN, Judge. { 1} Before us is the appeal of the Southern Christian Leadership Conference ("SCLC") and five taxpayers (the "taxpayers") from a trial court's judgment dismissing their respective claims for lack of standing and from the trial court's judgment overruling their motion to amend the complaint and motion for Civ.R. 60(B)(5) relief. After review, we conclude that the factual allegations in the complaint establish SCLC's standing. But we conclude that the allegations do not...
DECISION SADLER, J. { 1} Plaintiff-appellant, Michael W. Rhoades ("appellant"), pro se, appeals from a judgment of the Franklin County Court of Common Pleas which granted summary judgment to defendant-appellee, Chase Bank ("appellee"), on appellant's claim for intentional infliction of emotional distress. For the reasons that follow, we affirm the trial court's judgment. { 2} The evidentiary materials submitted with appellee's motion for summary judgment establish the following facts....
DECISION FRENCH, J. { 1} Defendant-appellant, Northland Associates, LLC ("Northland"), appeals the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Retail Ventures, Inc. ("RVI"), on Northland's cross-claims alleging the right to indemnity and/or contribution from RVI. { 2} This action arises out of a construction project to convert a portion of the former Northland Mall in Columbus, Ohio, to office space. Effective February 11,...
DECISION KLATT, J. { 1} Appellants, The Sierra Club and the Village of Harbor View, appeal from a final order of the Environmental Review Appeals Commission ("ERAC") granting summary judgment to appellee, FDS Coke Plant, LLC ("FDS"). For the following reasons, we affirm in part and reverse in part. { 2} FDS wants to build a coke plant in Oregon, Ohio, which is located just outside of Toledo. On June 14, 2004, the Director of the Ohio Environmental Protection Agency ("Director") issued FDS...
DECISION FRENCH, J. { 1} Defendant-appellant, Christopher J. Swann ("appellant"), appeals the judgment of the Franklin County Court of Common Pleas, which convicted appellant of felonious assault, with specification, in violation of R.C. 2903.11, a felony of the second degree. For the following reasons, we affirm. { 2} The grand jury indicted appellant for felonious assault with a firearm specification and having a weapon while under a disability for his role in a shooting that occurred on...
DECISION BROWN, J. { 1} This is an appeal by plaintiff-appellant, Social Psychological Services, Inc., from a decision and entry of the Franklin County Court of Common Pleas denying appellant's motion for relief from judgment. { 2} On October 14, 2008, appellant filed a complaint against defendant-appellee, Magellan Behavioral Health, Inc., alleging that appellee had failed to reimburse appellant for certain mental and behavioral health services to patients under a provider agreement....
DECISION BROWN, J. { 1} Michael S. Lefkowitz, M.D., and Orthopaedic & Sports Medicine Center, Inc. (collectively referred to as "Dr. Lefkowitz"), defendants-appellants in case No. 09AP-1090, appeal from a judgment of the Franklin County Court of Common Pleas, in which the trial court granted the motion for judgment notwithstanding the verdict ("JNOV") and motion for new trial, filed by Fred C. Harper, plaintiff-appellant in case No. 09AP-1116. Harper also appeals from the trial court's...
DECISION SADLER, J. { 1} Defendant-appellant, William H. Nickison, III ("appellant"), appeals from the judgment of the Franklin County Court of Common Pleas denying his motion for relief from judgment filed pursuant to Civ.R. 60(B). For the reasons that follow, we affirm the judgment of the trial court. { 2} On October 10, 2008, plaintiffs-appellees, Herlihy Moving and Storage, Inc., and Herlihy Logistics, Inc. (collectively referred to as "HMS"), filed a complaint against appellant, his...
OPINION GWIN, J. { 1} Plaintiff-appellant BB&T Equipment Finance appeals a judgment of the Court of Common Pleas of Richland County, Ohio, which granted the motion for relief from judgment brought by defendant Jeremy Sturts and vacated its prior judgment as to both Sturts and defendant-appellee Sturts Excavating, LLC. Jeremy Sturts is not a party to this appeal. Appellant assigns two errors to the trial court: { 2} "I. THE TRIAL COURT LACKED AUTHORITY TO SUA SPONTE VACATE ITS FINAL...
