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| Burton v. Hootman, Case No. 06-COA-016,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, ASHLAND COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: As a trial court failed to appoint counsel for an indigent mother in a contempt proceeding against her arising from her alleged failure to have abided by a parenting time order, her due process rights under U.S. Const. amend. XIV were violated, such that it was prejudicial error that required reversal of the trial court disposition.
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| City of Lorain v. Hodges, C. A. No. 06CA008920,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, LORAIN COUNTY, February 5, 2007, Decided
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Overview: Where a trial court had already granted defense counsel four continuances, its implied denial of another request for a continuance was not an abuse of discretion; as the trial court had failed to rule on the last continuance motion, it was presumed that it was denied.
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| Durbin v. Kokosing Constr. Co., Case No. 2006CA00017,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Intentional tort suit against employer was properly dismissed on summary judgment because there was no act by employer requiring employee to continue to lay pipe in a deep trench without benching trench. Accident happened before any of employer's supervisory employees knew of directive by independent inspector telling employee to dig deeper trench.
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| Hembree v. Mendenhall, CASE NO. CA2006-06-129 (Accelerated Calendar),
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, February 5, 2007, Decided
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Overview: Executrix's motion to dismiss claim against estate on ground that it was not timely filed under R.C. § 2117.12 was properly denied. Claimant timely commenced initial action after claim was rejected. While he later voluntarily dismissed his claim, he refiled three months later. Ohio's savings statute, R.C. § 2305.19, applied to render claim timely.
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| Holcomb v. Holcomb, Case No. 06CAF030024,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, DELAWARE COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Trial court's finding that a mother was voluntarily underemployed and, thus, should have income imputed to her in determining father's child support obligation was supported by evidence that mother worked only when it did not interfere with school matters for her children and that mother's employment was voluntarily less than full-time employment.
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| Holsinger v. Canton Cemetery Ass'n, Case No. 2006CA00127,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: An employee was not a "participant" entitled to ERISA plan materials, under 29 U.S.C.S. § 1024(b)(4), and his eligibility to participate in an ERISA plan was not a clear public policy altering his at will status, so his firing did not violate public policy, and he had no abuse of process or IIED claim for being arrested for bringing a gun to work.
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| In re Aiello, Case No. 2006CA00260,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: There was no error in ordering the mother to pay a portion of the fees incurred by the guardian ad litem. Since the mother's motion for legal custody was the precipitating event requiring the appointment of a guardian ad litem, the mother could not claim that it was inequitable for the trial court to order her to pay a portion of the fees incurred.
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| LeaseComm Corp. v. Dull, C. A. No. 06CA008904,
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, LORAIN COUNTY, February 5, 2007, Decided
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Overview: Since debtors failed to comply with App. R. 9(B) by filing with appellate court transcript of trial court's hearing where trial court rejected a magistrate's findings, court was unable to resolve debtors' assignment of error on appeal, challenging the trial court's action, and accordingly, court had to presume validity of trial court's proceedings.
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| Ohio Mut. Ins. Co. v. Jerry Harris Distribs., Case No. 06 CA 70,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, February 5, 2007, Date of Judgment Entry
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Overview: Insurer's complaint against appellee alleging breach of oral contract was properly dismissed as gist of complaint was that insured suffered property damage when appellee negligently filled oil tank. Damage that insured suffered at her residence did not result from breach of agreement to fill tank but, rather, manner in which appellee filled tank.
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