OPINION WISE , J. { 1}. Appellants Daniel and Kathleen Pellegrini appeal the decision of the Court of Common Pleas, Stark County, which granted a stay pending arbitration in favor of Appellee Codecon, LLC d/b/a All-N-One Inspection Service. The relevant facts leading to this appeal are as follows. { 2}. In October 2013, Plaintiffs-Appellants Daniel D. Pellegrini ("Daniel") and Kathleen M. Pellegrini ("Kathleen") purchased a home in Stark County from Defendant Millionaires In Motion,...
OPINION FARMER , J. { 1} On January 17, 2012, appellee, Sheet Metal Workers International Association Local Union No. 33, filed a complaint against appellant, Courtad, Inc., claiming appellant intentionally violated Ohio's prevailing wage laws by failing to properly classify and pay its employees the correct prevailing wage rate on a project, the construction of the Stark State College Business & Entrepreneur Center. A bench trial commenced on January 15, 2014. By judgment entry filed...
DECISION CONNOR, J. { 1} Defendants-appellants, Gianna Cochran and Judianne Cochran (collectively "appellants"), appeal from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, denying their motion to quash a subpoena issued to Deputy Inspector Paul Shoemaker of the Ohio Department of Rehabilitation and Corrections ("ODRC"), by plaintiff-appellee, Jonathan Bickel. For the reasons that follow, we affirm the judgment of the trial court. A....
DECISION BROWN, J. { 1} State of Ohio, plaintiff-appellant ("the state"), appeals the judgment of the Franklin County Court of Common Pleas, in which the court granted the application for sealing of record filed by S.F.M., defendant-appellee. { 2} In 2004, appellee was convicted of one misdemeanor count of unauthorized use of property, the record of which was subsequently sealed pursuant to court order. In 2007, appellee was convicted of one misdemeanor count of operating a vehicle while...
DECISION SADLER, P.J. { 1} Appellant, Herbert Humphrey, appeals from a judgment of the Franklin County Court of Common Pleas, Probate Division, which overruled his objections and adopted and approved the magistrate's decision denying his motion to reopen the estate of his deceased son, Shane A. Humphrey. For the following reasons, we reverse. I. BACKGROUND { 2} Shane and Tamara Humphrey were married on September 27, 2003. The couple had two children during their marriage, both born...
OPINION DONOFRIO, J. { 1} Defendant-appellant Allen Lawson appeals from the decision of the East Liverpool Municipal Court of Columbiana County finding him guilty of speeding, a minor misdemeanor, following a bench trial. On appeal, Lawson contends that the trial court erred when it accepted the reliability of the laser speed detection device used to measure the speed of his vehicle without expert testimony or judicial notice. As such, Lawson maintains that the evidence presented at trial...
OPINION M. POWELL, J. { 1} Defendant-appellant, John Dinka, appeals from his conviction in the Warren County Court of Common Pleas for two counts of violation of a civil protection order and one count of menacing by stalking. For the reasons detailed below, we affirm. { 2} At the time of the charges in this case, appellant and Barbara Howard had been together as boyfriend and girlfriend for a period of about two years and appellant had been living in Howard's home for approximately one...
DECISION AND JUDGMENT ENTRY HOOVER, J. { 1) Defendant-appellant, Jack D. Lowry, Jr., appeals his conviction in the Pickaway County Common Pleas Court after a jury found him guilty of one count of burglary and one count of theft. On appeal, Lowry contends that the trial court erred by denying his Crim.R. 29 motion for acquittal of the burglary charge. Upon review, we find that the trial transcript contains evidence from which any rational trier of fact could have found the essential elements...
OPINION FARMER, J. { 1} Appellant, Autumn Health Care of Zanesville, Inc., owns and operates a skilled nursing home facility. On July 21, 2010, May 26, 2011, October 30, 2011, and April 27, 2012, employees of the Ohio Department of Health, appellees herein, surveyed the facility to determine if it was in compliance with the federal requirements for nursing homes participating in the Medicare/Medicaid programs. Based upon the surveys, appellant received numerous citations. { 2} Thereafter,...
OPINION HOFFMAN, P.J. { 1} Appellant Jude Flohr appeals the April 23, 2014 Judgment Entry entered by the Stark County Court of Common Pleas, Probate Division, which ordered Appellant have no visitation with his father, Ivan Flohr, until Appellant undergoes a psychiatric evaluation. Appellee is Faith Lanshe. STATEMENT OF THE FACTS AND CASE { 2} Appellee and Appellant are two of the twelve adult children of Ivan W. Flohr ("the Ward"). Via Judgment Entry filed December 23, 2013, the trial...
DECISION AND JUDGMENT ENTRY DABELE, P.J. { 1} This an appeal by Belinda and James Kerr, plaintiffs below and appellants herein, from a Pickaway County Common Pleas Court judgment that granted the motion of Logan Elm School District, defendant below and appellee herein, for judgment on the pleadings on the Kerrs' personal-injury suit for injuries Belinda Kerr suffered while a spectator at a softball game on school property. { 2} The Kerrs assign the following error for review: "THE TRIAL...
DECISION AND JUDGMENT ENTRY HARSHA, J. { 1} Thomas Sammons appeals from a judgment, denying his motion for change of custody of his minor son from his ex-wife, Bobbie Massie. The trial court adopted a magistrate's decision and denied the motion because Sammons had not established a change in circumstances warranting the requested modification. { 2} In his first assignment of error Sammons contends that the trial court's decision was against the manifest weight of the evidence because it...
DECISION AND JUDGMENT ENTRY HOOVER, A.J. { 1} Jimmie L. Washington filed a habeas corpus petition seeking his immediate release from the Southern Ohio Correctional Facility. Respondent filed a motion to dismiss pursuant to Civ. R. 12(B)(6) arguing that Washington's petition should be dismissed on procedural grounds because he: (1) failed to verify his petition as required by R.C. 2725.04, (2) failed to file an affidavit that contains a description of each civil action or appeal he has filed...
OPINION AND JUDGMENT ENTRY PER CURIAM. { 1} Petitioner Robert Pocsik is an inmate at the Belmont Correctional Institution in Belmont County, Ohio. He has filed a petition for writ of habeas corpus against Respondents Gary C. Mohr, Director of the Ohio Department of Corrections and Rehabilitation and Michele Miller, Warden of the institution where he is incarcerated. Respondents have filed a motion to dismiss the petition. Respondents' motion is hereby sustained and the petition is dismissed....
DECISION AND JUDGMENT ENTRY PETER B. ABELE, P.J. { 1} This is an appeal by Anadarko E&P Onshore, LLC (Anadarko) and Alliance Petroleum Corporation (Alliance), defendants-appellants, from a Washington County Common Pleas Court judgment that (1) granted the motion for summary judgment of Ronald and Barbara Bohlen, plaintiffs-appellees, (2) denied appellants' motion for summary judgment, and (3) declared that an oil and gas lease between the parties was void ab initio. The trial court...
DECISION AND JUDGMENT SINGER, J. { 1} Appellant, Robert Perdeau, appeals a judgment of foreclosure issued by the Lucas County Court of Common Pleas. Because we conclude the trial court had subject-matter jurisdiction over the foreclosure action, and did not abuse its discretion in denying appellant's motion to vacate without holding a hearing, we affirm. { 2} Appellant sets forth two assignments of error: 1. The trial court erred by denying appellant Robert Perdeau's 12(B)(1) motion to...
DECISION AND JOURNAL ENTRY BETH WHITMORE, Judge. { 1} Appellant/Cross-Appellee, Universal Real Estate Solutions, Inc., appeals from the judgment of the Summit County Court of Common Pleas. Appellee/Cross-Appellant, Randy Snowden, appeals from the same judgment. This Court affirms in part and reverses in part. I { 2} In May 2002, Randy Snowden and William Wendell formed Universal Real Estate Solutions, Inc. ("Universal"). Snowden and Wendell were the only shareholders in the corporation...
DECISION AND JUDGMENT ENTRY MARIE HOOVER, J. { 1} This is an appeal from a judgment of the Pike County Common Pleas Court that ruled against plaintiff-appellant, Herbert Hoosier, who claimed, by adverse possession, title to a forty-acre tract of land (hereinafter "the property"). For the following reasons, we affirm the judgment of the trial court. I. FACTUAL BACKGROUND { 2} The property is located about three-fourths of a mile off of the public road known as Carrs Run Road in Jackson...
OPINION FROELICH, P.J. { 1} Defendant-appellant, Michael Hale, appeals from a judgment of the Montgomery County Common Pleas Court which dismissed his counterclaims for specific performance, promissory estoppel and fraud, in favor of the Plaintiffs-appellees, Mark Mishler, Cin-Day Investments, LLC, and Counterclaim Defendants-appellees, William Apostelos and Connie Coleman-Apostelos. For the following reasons, the judgment of the trial court will be affirmed. 1. Factual and Procedural...
OPINION DONOVAN, J. { 1} Defendant-appellant Alicia D. Hunter appeals her conviction and sentence for one count of resisting arrest, in violation of R.C. 2921.33, a misdemeanor of the second degree. Hunter filed a timely notice of appeal with this Court on June 4, 2014. { 2} The incident which forms the basis of the instant appeal occurred at approximately 9:00 p.m. on December 18, 2013, when Officer Carmen Bair was dispatched to the area of 204 S. Huron Court in Fairborn, Ohio, on a...
