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| City of Cincinnati v. Clif Cor Co., APPEAL NO. C-050831,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 26, 2007, Date of Judgment Entry on Appeal
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Overview: Cincinnati, Ohio, Mun. Code 725-1-B was deemed unconstitutionally vague with respect to the factors that indicated that an area was blighted or deteriorated; accordingly, a city had no right to appropriate an owner's properties for purposes of an urban-renewal plan to eliminate the blight.
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| Coleman v. Wolfe, CASE NO. 06 NO 334,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, NOBLE COUNTY, January 26, 2007, Decided
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Overview: An inmate's petition for a writ of habeas corpus under R.C. § 2725.05 was dismissed because the speedy trial issues raised by the inmate in his petition had to be reviewed on direct appeal, not habeas corpus. Moreover, the inmate's guilty plea waived his ability to challenge speedy trial errors on appeal as well as in habeas proceedings.
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| Davis v. Davis, Case No. 06-CA-17,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, CLARK COUNTY, January 26, 2007, Rendered
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Overview: The trial court erred in calculating the amount of expenses awarded upon the father's contempt. The evidence did not show that the father violated the court order by failing to pay for internet access for his son. The separation agreement required payment only for all costs for tuition, room, board, and books.
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| E. Natural Gas Co. v. A.P. O'Horo Co., Case No. 2005-T-0078,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, January 26, 2007, Decided
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Overview: Where an appealing contractor provided a statement of evidence to an appellate court, although proper filing was with the trial court pursuant to App. R. 9(C), the statement was stricken; without an adequate record, the appellate court had to affirm the trial court's judgment based on a presumption of regularity.
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| Jordan v. State, CASE NO. 2006-T-0103,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, January 26, 2007, Decided
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Overview: The inmate was not entitled to habeas corpus relief because he had an alternative remedy of seeking a direct appeal from the sexual predator classification. Further, because the inmate had been released from prison prior to filing his petition, his habeas corpus action was moot.
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| Lambda Research v. Jacobs, APPEAL NOS. C-050464, C-050502,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, January 26, 2007, Date of Judgment Entry on Appeal
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Overview: A trial court abused its discretion under Civ. R. 26(C) and 45(C) in denying a former customer's motion to quash subpoenas and for a protective order against a former supplier regarding confidential information, as there was no consideration of the supplier's need for the discovery and safeguards to protect the information were not implemented.
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| Magnum Towing & Recovery, LLC v. City of Toledo Towing Bd. of Review, Court of Appeals No. L-06-1087,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, January 26, 2007, Decided
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Overview: The decision of the Toledo Towing Board of Review to suspend the licensee from the towing list for 45 days, affirmed by the trial court, was clearly supported by competent, credible evidence. Items had been stolen from a recovered vehicle, in violation of Toledo, Ohio, Municipal Code § 765.17.
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| Manley v. Personacare of Ohio, CASE NO. 2005-L-174,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, January 26, 2007, Decided
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Overview: A trial court's grant of a nursing home's motion for a stay pending arbitration, pursuant to R.C. § 2711.02, was proper in a negligence action by a deceased resident's personal representative, as the agreement was procedurally unconscionable but not substantively unconscionable, and it was based on sufficient consideration.
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| Parkhurst Mall Corp. v. Taneyhill, CASE NO. 2006-T-0082,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, January 26, 2007, Decided
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Overview: A trial court erred in holding a corporate plaza owner's attorney personally liable for the owner's liability to a city under a settlement agreement that the owner breached, as the trial court did not find that the attorney was a shareholder, officer, or director of the owner and accordingly, piercing the corporate veil was inappropriate.
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| State ex rel. Duffy v. Pittman, CASE NO. 2006-P-0043,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, January 26, 2007, Decided
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Overview: An inmate was not entitled to a writ of mandamus directing a trial judge to vacate her decision denying the inmate's Civ. R. 60(B) motion for relief from a judgment ruling his probation violation sentence was to be served consecutively to his sentence for an underlying crime because he had an adequate legal remedy by appealing from that judgment.
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