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| C.S.E.A. v. Harrison, No. 87725,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 1, 2007, Released
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Overview: A trial court's order modifying a father's child support obligation was erroneous because a child support worksheet was not attached, pursuant to R.C. § 3119.02. When the court did not rule on the father's motion to modify for seven years, it should have considered intervening changes in the father's income of which the father made the court aware.
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| Decker Constr. Co. v. Ohio River Pipe Line, LLC, No. 06AP-483,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 1, 2007, Rendered
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Overview: A trial court properly granted summary judgment to a construction company in its action, seeking money damages against a bond that was substituted in place of a mechanic's lien; the lien affidavit named the property owner rather than an easement owner, as required by R.C. § 1311.06(A), as there was no indication of the easement holder's interest.
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| In re Adair, No. 88645,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 1, 2007, Released
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Overview: Relief under Civ. R. 60(B) from judgment adopting "agreed judgment entry" was properly granted to mother as mother presented meritorious defense. There was no indication that parties reached agreement stated in entry as mother never signed entry, did not appear at hearing where it was adopted, and informed magistrate that she had not signed entry.
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| In re J.O., No. 87626,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 1, 2007, Released
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Overview: Legal custody of seven children was properly granted to father upon consideration of factors in R.C. § 3109.04. While mother did not have adequate space for children in her current home, was unemployed, and lacked decision making abilities in relation to children, father had appropriate housing, was employed, and had strong bond with all children.
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| In re K.B., No. 87899,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 1, 2007, Released
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Overview: In a juvenile delinquency proceeding, tension between a juvenile and her mother and grandmother was sufficiently clear to show her interests might conflict with theirs, which required a juvenile court, under Juv. R. 4(B)(2) and R.C. § 2151.481(A)(2), to inquire into the need to appoint a GAL, and the court's failure to do so was reversible error.
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| In re Saunders, Case No. 2006-CA-00131,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, February 1, 2007, Date of Judgment Entry
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Overview: Trial court did not err in finding that father waived his right to effective assistance of counsel under R.C. § 2151.352 during permanent custody proceeding. Father consistently appeared alone at hearings and, despite having been informed several times by the trial court and prosecutor of his right to counsel, never made clear request for counsel.
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| Jack Matia Chevrolet, Inc. v. GMC, No. 06AP-360,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 1, 2007, Rendered
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Overview: As the Ohio Motor Vehicle Dealers Board only had statutory authority pursuant to R.C. §§ 4517.57(A) and 4517.50(A) to review a protest by a dealership from a manufacturer's notification of its intent to relocate another dealership, the Board lacked authority over a protest that was not in compliance with either method under R.C. § 4517.50.
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| Jenkins v. Jenkins, No. 06AP-652,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 1, 2007, Rendered
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Overview: A trial court's adoption of a magistrate's grant of a civil protection order to a wife and her children against the husband was not an abuse of discretion where the trial court modified the order by extending the duration thereof, as such was within the trial court's discretion pursuant to R.C. § 2903.214(E)(2)(a) and Civ. R. 53(D)(4).
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| Johnson v. Metrohealth Med. Ctr., No. 87976,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 1, 2007, Released
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Overview: Slip and fall suit was wrongly dismissed on summary judgment. Evidence that hospital was aware of water leak in neighboring hospital room two hours before invitee slipped and fell on puddle allowed reasonable juror to find that it was foreseeable that water could spread to adjacent areas and that hospital negligently failed to warn against hazard.
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