DECISION AND JOURNAL ENTRY CARR, Presiding Judge. { 1} Appellant, Davarius Allen, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms. I. { 2} On June 15, 2009, Allen was indicted on four counts of aggravated robbery, felonies of the first degree; two counts of aggravated burglary, felonies of the first degree; two counts of felonious assault, felonies of the second degree; and two counts of rape, felonies of the first degree, each of these ten counts...
OPINION WISE, J. { 1} Defendants-appellants Freeman J. Swank, Jr. and Mary Jane Swank appeal the jury verdict entered in the Court of Common Pleas of Richland County, Ohio, in favor of Plaintiffs-Appellees Robert L. Swank and E. Clark Swank { 2} Robert L. Swank and E. Clark Swank filed a cross-appeal, challenging the trial court's judgment notwithstanding the verdicts as to their claims of unjust enrichment, along with the trial court's December 8, 2009, Judgment Entry denying their motion...
DECISION AND JUDGMENT YARBROUGH, J. { 1} This is an appeal from the judgment of the Lucas County Court of Common Pleas, sentencing appellant to 73 years in prison, and ordering him to pay the "costs of supervision, confinement, assigned counsel, and prosecution as authorized by law." For the reasons that follow, we affirm in part and reverse in part. { 2} On March 30, 2010, the Lucas County Grand Jury issued a 15-count indictment against appellant. The indictment was based on appellant's...
DECISION AND JUDGMENT SINGER, J. { 1} Appellant appeals a judgment of conviction for murder with a firearm specification entered on a jury verdict in the Lucas County Court of Common Pleas. For the reasons that follow, we affirm. { 2} The events underlying this matter began near midnight on Saturday, June 26, 2010, at the 101 Club, a center city Toledo bar. Words were exchanged between appellant, Terrance Jermain Pernell, and another bar patron, Lamar Carswell. The dispute escalated into...
OPINION EDWARDS, J. { 1} Appellant, Bruce Kellar, appeals a judgment of the Tuscarawas County Common Pleas Court overruling his Civ. R. 60(B) motion to vacate a default judgment entered in favor of appellee Muskingum Watershed Conservancy District. STATEMENT OF FACTS AND CASE { 2} In 2000, appellant entered into a lease with appellee for a parcel of real property in Tuscarawas County, Ohio. Appellee leases cottage sites around fourteen lakes within its jurisdiction, on which the lessee...
OPINION WISE, J. { 1} Defendants-Appellants Richard Wolfe and Helen Wolfe appeal the May 23, 2011, decision of the Fairfield County Court of Common Pleas, denying their motion for relief from judgment. { 2} Plaintiff-Appellee is The Bank of New York Mellon. STATEMENT OF THE FACTS AND CASE { 3} The relevant facts and procedural case history are as follows: { 4} In March, 2005, Dan E. Starkey and Toni D. Starkey, Trustees of the Starkey Family Revocable Living Trust UAD April 20, 1999,...
JOURNAL ENTRY AND OPINION PATRICIA ANN BLACKMON, P.J. { 1} Appellant Deonte Wilson appeals his convictions and assigns the following errors for our review: "I. The trial court erred in denying appellant's motion for acquittal as to the charges when the state failed to present sufficient evidence to sustain a conviction." "II. Appellant's convictions were against the manifest weight of the evidence." { 2} Having reviewed the record and pertinent law, we affirm Wilson's convictions. The...
DECISION BRYANT, P.J. { 1} Defendants-appellants, Ohio State Bookkeeping, LLC ("Ohio State BK"), Scott Jones, Cheryl K. Hughes, and Debbie Petrella, appeal from a judgment of the Franklin County Court of Common Pleas granting the motion for preliminary injunction of plaintiff-appellee, Columbus Bookkeeping & Business Services, Inc. ("Columbus BK"), and concluding defendants violated R.C. 1333.61. Because the evidence does not support the trial court's conclusion that plaintiff's client list...
OPINION Hoffman, P.J. ( 1) Defendant-appellant Daymion Smith appeals his June 1, 2011 conviction entered by the Stark County Court of Common Pleas. Plaintiff-appellee is the State of Ohio. STATEMENT OF THE FACTS AND CASE ( 2) On March 29, 2011, Parole Officer Rick Polinori received an anonymous phone tip regarding a parolee absconder, Toriano Howard. The tip stated Howard was living at an apartment complex where he was engaged in selling drugs. The caller further alleged Howard was in...
OPINION CYNTHIA WESTCOTT RICE, J. { 1} Appellants, The Middlefield Industrial Complex, Inc. ("MIC"), et al., appeal from the judgment of the Geauga County Court of Common Pleas awarding appellee, Johnsonite, Inc., summary judgment on its complaint to quiet title over four parcels of real property. For the reasons discussed in this opinion, we affirm. { 2} In 1990, the Johnson Rubber Company merged with Duramax, Inc., and the surviving corporation was named Duramax. There is no dispute that,...
OPINION TIMOTHY P. CANNON, P.J. { 1} Appellant, Michael Rivera, appeals the March 16, 2011 decision and entry of the Ashtabula County Court of Common Pleas. Appellant argues that his statutory rights to a speedy trial were violated. Based on the following, we affirm the decision of the trial court. { 2} In an entry dated March 16, 2011, the trial court overruled appellant's motion to dismiss and accepted appellant's no contest plea. Appellant filed a timely notice of appeal and asserts the...
OPINION TIMOTHY P. CANNON, P.J. { 1} Appellants, Charles Houser and Carter Lumber Co., appeal the judgment entered by the Portage County Court of Common Pleas. The trial court issued a permanent injunction against appellants, which prohibited them from violating the terms of a noncompete agreement. For the reasons that follow, we affirm the decision of the trial court. { 2} Charles Houser began working for appellee, 84 Lumber Company, L.P. ("84 Lumber"), in 1985. In 1998, Houser became an...
OPINION TIMOTHY P. CANNON, P.J. { 1} Appellant, Steve Ganzhorn, appeals the judgment of the Portage County Court of Common Pleas granting appellee's, city of Aurora ("Aurora"), 1 motion for judgment on the pleadings finding Aurora immune from suit for injury. { 2} The instant appeal arises from an incident occurring at Sunny Lake Park, a park open to the public and owned by Aurora. It is alleged that Aurora organizes a recreational softball league where individuals may participate for a...
OPINION THOMAS R. WRIGHT, J. { 1} Appellant, Tonina A. Pallone, appeals from the March 29, 2011 judgments of the Trumbull County Court of Common Pleas, Probate Division, dismissing her petitions to adopt her great-grandchildren, R.M.P. and B.N.P. ("minor children"). { 2} The minor children were exposed to and affected by "severe domestic violence" while living with their natural parents. The older child, R.M.P., was diagnosed with post-traumatic stress disorder and was required to...
OPINION TIMOTHY P. CANNON, P.J. { 1} Appellant, James T. Pantalone, Sr., d.b.a. Lake Park Estates Mobile Home Park ("Mr. Pantalone"), appeals from the judgment of the Trumbull County Court of Common Pleas granting appellee's motion to enforce a settlement agreement and from the court's interpretation of the term "terminate" in the alleged agreement. { 2} On May 12, 2008, appellee, Northeast Cable Television Systems ("Northeast Cable"), filed a complaint against Mr. Pantalone, alleging that...
OPINION THOMAS R. WRIGHT, J. { 1} This appeal is from a final judgment of the Lake County Court of Common Pleas. In the underlying criminal action, appellant, Michael D. Shearer, was convicted of two counts of possession of drugs under R.C. 2925.11. Appellant maintains that his conviction must be reversed because the trial court erred in failing to grant his motions to suppress certain evidence and to dismiss the indictment. { 2} In August 2009, the Lake County Narcotics Agency began an...
DECISION SADLER, J. { 1} Defendant-appellant, Franklin County Treasurer Edward Leonard, appeals from the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of plaintiff-appellee, Jefferson Golf and County Club. For the following reasons, we affirm the judgment of the trial court. { 2} This matter concerns appellant's attempts to collect tax arrearages from appellee based on a building housed on certain real property used as a golf and country club....
DECISION DORRIAN, J. { 1} Plaintiff-appellant, Ruth Alley ("appellant"), appeals from the March 21, 2011 judgment of the Franklin County Court of Common Pleas, in which the court granted summary judgment in favor of defendants-appellees, Marc Glassman, Inc. et al ("Marc's" or "appellees"). For the following reasons, we affirm. { 2} On December 22, 2008, between the hours of 1:30 p.m. and 2:00 p.m., appellant decided to go to Marc's in order to pick up a few groceries. Appellant recalls...
DECISION TYACK, J. { 1} This appeal concerns a misappropriation of trade secrets action in which a jury returned a verdict awarding Columbus Steel Castings Company ("Columbus Steel") zero dollars in damages, and the trial court entered an injunction against Alliance Castings Company, LLC ("Alliance"). Both sides have appealed. For the reasons that follow, we affirm the judgment of the Franklin County Court of Common Pleas. { 2} Columbus Steel and its competitor Alliance produce bolsters...
DECISION BROWN, J. { 1} Kim Johns, defendant-appellant, appeals from a judgment of the Franklin County Court of Common Pleas in which the court found him guilty, pursuant to a jury verdict, of felonious assault in violation of R.C. 2903.11, a felony of the second degree. { 2} Naomi Budnick had been dating appellant since around Labor Day 2009. She had a four-year-old son from another relationship. Budnick broke up with appellant on New Year's Eve 2009, after appellant punched the window of...
