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| Bethel Vill. Condo. Ass'n v. Republic-Franklin Ins. Co., No. 06AP-691,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 8, 2007, Rendered
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Overview: Trial court's dismissal of a condominium association's action against its casualty insurer, seeking, inter alia, coverage for certain property repairs due to hail damage, was proper where the claim was not timely brought pursuant to the terms of the policy; the terms thereof were not ambiguous and required only application without interpretation.
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| Bugeja v. Luzik, CASE NO. 06 MA 50,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, February 8, 2007, Decided
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Overview: Where a trial court had unconditionally dismissed a case with prejudice based on parties' settlement, it did not have authority or jurisdiction to thereafter grant a motion to enforce their settlement.
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| Cent. States College of Health Scis., Inc. v. Ohio Bd. of Regents, No. 06AP-35,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 8, 2007, Rendered
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Overview: Summary judgment to the Ohio Board of Regents in an action by an educational institution was proper; it was an "institution" under R.C. § 1713.01(A) that required a certificate of authorization, as its prior corporate entity had ceased existence such that it could not avoid the certificate requirement under either R.C. § 1703.02(B) or (C).
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| Drescher v. Nuttall, No. 88774,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: Trial court's approval of shared parenting plan submitted by mother and father via agreed journal entry was proper under R.C. § 3109.04(D)(1)(a) because both parties filed plan, agreed to all terms included therein, and agreed that it was in child's best interest. Since the plan evinced that issues were not in dispute, a hearing was not mandatory.
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| Frisch's Rests., Inc. v. Conrad, No. 06AP-117,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 8, 2007, Rendered
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Overview: The Ohio Bureau of Workers' Compensation's definition of the term "subscriber" as used in R.C. § 4123.32(A) was not violative of employers' equal protection rights, as it met the rational basis test and it was reasonably defined for purposes of providing premium rebate allowances to certain employers.
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| Hepfner v. Hepfner, CASE NO. 05 CO 66,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, COLUMBIANA COUNTY, February 8, 2007, Decided
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Overview: When a wife who appealed a trial court's award of custody and division of property in her divorce filed no transcript of the trial court proceedings, under App. R. 9(B), or a statement of the evidence, under App. R. 9(C), the appellate court could not meaningfully review her assignments of error, so the trial court's judgment was affirmed in full.
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| In re Buoscio, CASE NO. 05 MA 133,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, February 8, 2007, Decided
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Overview: When a trust beneficiary sought attorney's fees from the trust, after such a request had been denied, and he objected to an order to pay costs related to his prior request from the trust, an appellate court had no jurisdiction to consider if res judicata barred the latest request because he did not timely appeal the prior order, under App. R. 4(A).
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| In re Fogle, Case No. 2006CA00131,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 8, 2007, Date of Judgment Entry
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Overview: There was no error in using defendant juvenile's prior adjudications for domestic violence to enhance the present domestic violence offense, under R.C. § 2919.25, to a felony. Pursuant to R.C. § 2901.08, a prior juvenile adjudication was considered a conviction for purposes of determining subsequent offenses, enhancements, or punishments.
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| In re J.J., No. 86276,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: A father whose child was the subject of a neglect and permanent custody matter waived his right to assert errors regarding lack of timely adjudication and dispositional hearings under R.C. §§ 2151.28(A)(2) and 2151.35(B)(1) and lack of timely filing of a guardian ad litem's report under Juv. R. 20(C)(4), as he did not object during the proceedings.
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| Jade Sterling Steel Co. v. Stacey, No. 88283,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: Summary judgment was granted to a steel supplier, as a purchaser's implied motion to amend or withdraw his admissions under Civ. R. 36(B) by his summary judgment response was denied and the admissions supported summary judgment; he could not claim a de facto corporation was the purchaser without showing good faith efforts to incorporate the entity.
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