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State Courts -
Ohio - January 19, 2007
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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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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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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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