OPINION DINKELACKER , Judge . { 1} Plaintiff-appellant Theodore H. Knight was injured in a workplace accident. He and his wife and children, Tammy, Kylie and Caleb Knight, filed a complaint against his employer, defendant-appellee the Procter and Gamble Company ("P&G"). Knight alleged that P&G had committed an intentional tort against him under R.C. 2745.01. The record shows that Knight had been severely burned when hot glycerin had sprayed onto him from a pump on which he was working....
ON RECONSIDERATION 1 JOURNAL ENTRY AND OPINION MELODY J. STEWART, P.J. { 1} Plaintiff-appellee Robert Sobin, a former employee of defendant-appellant Trionix Research Laboratory and its majority shareholder, defendant-appellant Chun Bin Lim, filed this declaratory judgment seeking a declaration that he was a shareholder of Trionix. Sobin alleged that he purchased 655 shares of Trionix stock in 1987 and 1988, but Trionix and Lim argued that Sobin sold his shares back to the corporation in...
DECISION AND JUDGMENT ENTRY PER CURIAM. { 1} This is an appeal from a Highland County Common Pleas Court judgment that directed a verdict in favor of Forrest Little, defendant below and appellee herein, on the claim brought against him by Merchant's National Bank (Merchant's Bank), plaintiff below and appellant herein. { 2} Appellant assigns the following errors for review: FIRST ASSIGNMENT OF ERROR: "THE TRIAL COURT ERRED BY MAKING A FACT DETERMINATION AND BY REMOVING THE CASE FROM...
JOURNAL ENTRY AND OPINION SEAN C. GALLAGHER, J.: { 1} This appeal is a companion case arising out of similar events as contained in Davet v. Sensenbrenner, 8th Dist. No. 98636. { 2} Plaintiff-appellant, Richard F. Davet, appeals from the trial court's order granting summary judgment in favor of defendants-appellees, the Cuyahoga County treasurer ("Treasurer"), Collinwood & Nottingham Villages Development Corporation, and Lightning Demolition & Construction (collectively, "appellees")....
DECISION AND JUDGMENT ENTRY HARSHA, J. { 1} This appeal involves "Blackacre" and "Whiteacre" and "the bundle of sticks" known to law professors and their students as property rights. And as is often the case with such archaic matters, it is usually known to practicing lawyers and judges as a PITA. Alva Queen brought a quiet title action against Marie Hanna, Michael Hanna, Joyce Hanna, the unknown heirs of Sylvester Birch, and the unknown heirs of the unknown heirs of Sylvester Birch with...
OPINION DeLANEY, P.J. { 1} Plaintiff-Appellant/Cross-Appellee Michael Maynard and Intervenor/ Cross-Appellant AultCare Corporation appeal the April 19, 2012 judgment entry of the Tuscarawas County Court of Common Pleas. FACTS AND PROCEDURAL HISTORY { 2} Defendants-Appellees/Cross-Appellees Thomas K. and Cathy Winters own approximately 20 rental properties. Thomas Winters completes a majority of the repairs on the rental properties because he was a union carpenter for almost 30 years,...
OPINION EDWARDS, J. { 1} Appellants, Veronica and Charles Moore, appeal a summary judgment of the Licking County Common Pleas Court. Appellee is BAC Home Loans Servicing, L.P. STATEMENT OF FACTS AND CASE { 2} On July 14, 2012, appellee filed the instant foreclosure action. Appellee filed a motion for summary judgment. Appellants filed a memorandum contra the motion for summary judgment, arguing that questions of fact existed as to whether the notice condition precedent was satisfied and...
OPINION DELANEY, J. { 1} Plaintiff-appellant John B. Mashburn appeals from the December 9, 2011 judgment entry of the Delaware County Court of Common Pleas granting the motion for summary judgment filed by defendant-appellees Jeffrey D. Dutcher ("Dutcher") and the Elm Valley Joint Fire District ("Elm Valley"). FACTS AND PROCEDURAL HISTORY { 2} Dutcher is a volunteer firefighter with Elm Valley. This case arose in the late afternoon of June 10, 2006, when Dutcher received two pages from...
DECISION AND JUDGMENT ENTRY KLINE, J. { 1} Liquidation Properties, Inc., c/o American Home Mortgage Servicing, Inc. (hereinafter "Liquidation Properties") 1 appeals the judgment of the Scioto County Court of Common Pleas. This case involves a complaint in foreclosure, but, significantly, Liquidation Properties no longer has an interest in the Appellees' mortgage. As a result, Liquidation Properties lacks standing to challenge the trial court's ruling, and we must dismiss this appeal. I. {...
DECISION AND JUDGMENT ENTRY KLINE, J. { 1} Bryan W. Jackson (hereinafter "Jackson" or "Gucci") appeals the judgment of the Pickaway County Court of Common Pleas, which convicted him of aggravated robbery with a firearm specification, petty theft, and having a weapon while under disability. Jackson raises numerous arguments on appeal. First, he argues that the trial court should have suppressed evidence related to several photo lineups. Because the photo lineups were not unnecessarily...
OPINION WAITE, P.J. { 1} Sammy Abu-Enjeela ("Appellant") appeals his conviction for drug possession. In his first assignment of error, Appellant argues that the trial court erred when it overruled his motion to suppress the evidence obtained from a patdown search. The investigating officer found a bag of marijuana in Appellant's back pocket as a result of the search. The record indicates that the search was justified because the investigating officer smelled burning marijuana coming from the...
OPINION WAITE, P.J. { 1} Appellants Berchindle and Katrina Foster ("Appellants") appeal the trial court's decision to grant summary judgment in favor of Appellee, CitiMortgage, Inc. ("Appellee"), in a foreclosure action. Appellants assign as error the court's finding that CitiMortgage, Inc., is licensed to do business in Ohio. Appellants contend that a foreign corporation such as Citimortgage, Inc., cannot maintain a civil action in Ohio unless it is properly licensed and registered with the...
OPINION WAITE, P.J. { 1} In 1996, Appellant Eugene Foose was involved in the armed robbery and shooting deaths of patrons and a bartender at the Newport Inn in Youngstown. Appellant was a juvenile at the time. In 1997, Appellant, who was to be tried as an adult, was charged with six counts of complicity to commit aggravated murder, complicity to commit attempted aggravated murder with a firearms specification, and complicity to commit aggravated robbery. Appellant entered into a plea...
OPINION WAITE, P.J. { 1} These 19 related appeals involve numerous charges of prostitution against dancers (Appellees) working at the GoGo Girls Cabaret ("Cabaret") in Austintown, a suburb of Youngstown, Ohio. The charges were filed in Mahoning County Area Court No. 4, Austintown. The charges stem, in part, from information obtained off of computers seized from the Cabaret, pursuant to a warrant. On these computers were security camera recordings that showed the dancers performing for...
OPINION HOFFMAN, J. { 1} Defendant-appellant Anchor Acquisition, LLC, appeals the March 21, 2012 Judgment Entry entered by the Fairfield County Court of Common Pleas, which affirmed the December 1, 2009 Decision of the Industrial Commission of Ohio, allowing plaintiff-appellee Kathy Coler to participate in the Workers' Compensation Fund. STATEMENT OF THE FACTS AND CASE { 2} At all times relevant to this appeal, Appellee was employed by Appellant. In 2005, Appellee, while in the course...
DECISION DORRIAN, J. { 1} Plaintiff-appellant, Bradley Shoptaw ("appellant"), appeals the judgment of the Franklin County Court of Common Pleas which dismissed appellant's action against defendants-appellees, Grand Prix Worx and Anton Golant (collectively "appellees") and defendants I&A Auto Sales, Inc. ("I&A"), Armada Trader Logistics ("Armada"), and Dimitry Seliverstov ("Seliverstov"), for lack of personal jurisdiction. Because we agree that the appellant failed to establish minimum...
DECISION BRYANT, J. { 1} Plaintiff-appellant, Deborah L. Cameron, appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, adopting a division of property order ("DOPO") to effectuate the allocation of retirement benefits ordered under the parties' original divorce decree. Deborah assigns a single error: The Trial Court erred when it divided Appellee's Ohio Police and Fire Pension using the frozen coverture approach. Because the trial court did...
DECISION BRYANT, J. { 1} Third-party defendant-appellant, Century Surety Company, appeals from a judgment of the Franklin County Court of Common Pleas granting declaratory relief to Century's insureds, third-party plaintiffs-appellees, Stinson J. Crews and Stinson Crews Paving, Inc. (collectively, "Crews") and determining Crews are entitled to coverage under their Commercial General Liability ("CGL") policy with Century. Because the trial court properly concluded the CGL policy provides...
DECISION CONNOR, J. { 1} Defendant-appellant, Joseph M. Long, appeals from a judgment entry and decree of divorce entered by the Franklin County Court of Common Pleas, Division of Domestic Relations. { 2} Joseph and plaintiff-appellee, Deborah J. Long, married on January 30, 1993. At the time Deborah was 27 years old and worked full-time as a registered nurse. Joseph was 31 years old, held his medical degree, and was completing a prolonged five-year period of residency, having switched...
DECISION AND JUDGMENT YARBROUGH, J. I. Introduction { 1} Defendant-appellant, James Adams, appeals the judgment of the Erie County Court of Common Pleas, which granted summary judgment in favor of plaintiff-appellee, U.S. Bank, N.A. For the following reasons, we affirm. A. Facts and Procedural Background { 2} On August 3, 2005, Adams executed a promissory note, payable to Intervale Mortgage Corporation, in the amount of $113,600. On the same day, Adams executed a mortgage against...
