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   State Courts - Ohio - January 19, 2007

  
Aero Fulfillment Servs., Inc. v. Tartar, APPEAL NO. C-060071, COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 19, 2007, Date of Judgment Entry on Appeal
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Overview: A trial court's denial of a former employer's request for injunctive relief against a former employee, based on an employment agreement that contained a noncompete agreement, was proper, as the employer's evidence of irreparable harm was speculative and damages were an adequate legal remedy that was available.

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Hall v. Watkins, CASE NO. 2006-T-0034, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, January 19, 2007, Decided
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Overview: Although an inmate filed the required affidavit under R.C. § 2969.25(A) when he sought a declaratory judgment against a prosecutor regarding his criminal plea, his failure to file an affidavit upon appeal of the trial court's dismissal of his action warranted dismissal of the appeal under R.C. § 2969.21(B)(1)(b) and (B)(1)(a).

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Hanselman v. Hanselman, Appellate Case No. 21615, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 19, 2007, Rendered
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Overview: The mother was prejudiced by the denial of an evidentiary hearing on the issue of the allocation of parental rights and responsibilities, by the imposition, as a result of the initial allocation, of the additional burden of having to prove a change of circumstances justifying a modification of the allocation of parental rights and responsibilities.

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Haribhakti v. Haribhakti, CASE NO. 2006-P-0067, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, January 19, 2007, Decided
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Overview: A magistrate clearly considered a wife's potential income ability, including her limitations based on permanent injuries sustained in a vehicle accident, when it made a determination as to child support and spousal support awards pursuant to R.C. §§ 3119.01(C)(1), (5)(b), and 3105.18(C)(1).

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Henderson v. State, CASE NO. 2006-T-0033, COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, January 19, 2007, Decided
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Overview: A trial court erred in granting summary judgment to the State of Ohio in a wrongful imprisonment action by an imprisoned criminal defendant (ICD) under R.C. §§ 2305.02 and 2743.48, arising from two rape convictions against him which were reversed on appeal, as an issue of fact existed regarding the ICD's innocence.

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In re Adoption of R.T.R., C.A. CASE NO. 2006 CA 64, 2006 CA 65, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, January 19, 2007, Rendered
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Overview: A trial court erred in granting an adoptive father's (AF) petition for adoption of a biological father's (BF) children without the BF's consent pursuant to R.C. § 3107.07(A), as the AF failed to show that the BF's lack of child support or communication with the children was not justified.

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In re C.T., C.A. CASE NO. 21640, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 19, 2007, Rendered
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Overview: Finding that defendant was responsible for a charge of escape was supported by evidence that defendant fled courtroom after being informed that he would be required to stay at detention center. Although not handcuffed, defendant knew that he was detained under R.C. § 2921.01(E) as he requested permission from deputy to give his coat to his mother.

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In re J.R., C.A. CASE NO. 21749, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, January 19, 2007, Rendered
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Overview: Clear and convincing evidence supported the trial court's determination that permanent custody of the children should be awarded to the agency, pursuant to R.C. § 2151.414. The mother showed a lack of commitment toward the children by failing to visit them regularly or to participate in their therapies and she suffered from and emotional issues.

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Liberty Sav. Bank v. Jones, Court of Appeals No. L-06-1124, COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, January 19, 2007, Decided
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Overview: As a property purchaser filed his motion under Civ. R. 60(B) for relief from a foreclosure judgment granted in favor of a bank after the purchaser had filed his notice of appeal from the foreclosure judgment, the trial court was divested of jurisdiction over the motion; however, after the appeal was determined, it would regain jurisdiction.

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Mariemont Apt. Ass'n v. Vill. of Mariemont, APPEAL NO. C-050986, COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 19, 2007, Date of Judgment Entry on Appeal
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Overview: Although Mariemont, Ohio, Ordinance 1-2-05 withstood challenges to its constitutionality with respect to the impairment of contracts, right of tenants' privacy, preemption by state law, vagueness, and equal protection, it was deemed unconstitutional as violative of procedural due process, as it failed to provide for a prompt appeal process.

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