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| In re D.C., No. 87940,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: An award of permanent custody of a mother's child to a children's services agency under R.C. § 2151.414 was in the child's best interest. The mother had a criminal history, a history of domestic violence, and mental disorders. Child's grandmother was not suitable placement as she had family members who visited her home with history of sexual abuse.
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| Janosek v. Janosek, Nos. 86771 and 86777,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: Although a trial court properly awarded a wife attorney fees pursuant to R.C. § 3105.18(H) in the parties' dissolution action, based on the husband's dilatory tactics and financial misconduct, despite that she had the financial ability to pay, the award was error where it did not only award the portion of the fees attributable to his misconduct.
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| LaSalle Nat'l Bank v. Ingle, No. 87830,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: As mortgagors' counterclaim in a mortgagee's foreclosure action consisted of an incorporation of the allegations in their answer and a request for relief, the mortgagee's motion for a more definite statement under Civ. R. 12(E) constituted an action to "otherwise defend" for purposes of Civ. R. 55, such that a default judgment was properly denied.
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| Lambert v. MetroHealth Med. Ctr., No. 87861,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: Exclusion of a patient's expert was proper in his medical malpractice action, although the expert was generally qualified to testify about cardiology matters, as pursuant to Evid. R. 702(C), his opinion was not reliable where it was based on speculation and conjecture with regard to the acceptable standard of care and the causation of the injury.
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| Nexstep Healthcare, LLC v. Patrician Skilled Nursing Ctr., Nos. 87850 & 87851,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: A trial court's order finding an unsigned cognovit promissory note was a debtor's valid and binding commitment abused discretion because the debtor did not sign the note, as R.C. § 2323.13(D) required, so it was reversible error to enter judgment on the cognovit note. The debtor's oral settlement agreement in the court's presence was enforceable.
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| Redeye v. Belohlavek, No. 87874,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: Suit brought under R.C. § 955.28 to recover for injuries a dog bite victim sustained when he was bitten by dogs was properly dismissed on summary judgment as bite victim was at least co-owner of dogs. Dogs had lived with him and appellee for 10 years, he had obtained dogs' licenses in his name, and he shared responsibility for taking care of dogs.
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| Rolfe v. Giusto, No. 87831,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: A guardian ad litem (GAL) for a child who was the subject of a custody dispute was entitled to absolute immunity in the performance of his duties, and accordingly, a trial court properly granted summary judgment to the GAL in an action by a dissatisfied mother, as he had acted in the child's best interest and within the scope of his duties.
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| Shikner v. S&P Solutions, No. 87877,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: A trial court's denial of an employee's motion for relief from judgment under Civ. R. 60(B) was proper where he had failed to comply with a discovery order that required the production of various tax documents; his claim that his non-production was to protect confidentiality failed, as he should have resorted to proper procedural devices.
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| Smith v. Newell, No. 87697,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: A trial court properly granted partial summary judgment to adjacent property owners in their action, seeking a determination that they were title owners to a disputed strip of land, as the record of title was clear that they were granted the strip within their property description without reservation.
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| State v. Benjamin, No. 87872,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, January 11, 2007, Released
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Overview: The trial court did not err by refusing to allow defendant to cross-examine a police officer regarding his disciplinary record for the purpose of impeachment because inquiring into the unsubstantiated charges against the officer was irrelevant to the drug trafficking and felony assault case and would have been distracting.
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