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| Ladanyi v. Crookes & Hanson, Ltd., No. 87888,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: A trial court's grant of summary judgment to a legal client in his legal malpractice action against an attorney and a law firm was proper, as the action was brought within one year of the cognizable event that caused the limitations period under R.C. § 2305.11(A) to accrue.
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| Lapin v. BMV, Case No. 2006-05845-AD,
COURT OF CLAIMS OF OHIO, February 8, 2007, Filed
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Overview: A motorist recovered her damages, consisting of towing and mileage costs, resulting from the improper listing of her driver's license as suspended, when the Bureau of Motor Vehicles admitted its error in listing the license as suspended and acknowledged the motorist's damages.
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| Lee v. Norton, No. 88347,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: As an attorney who sought leave to file a motion for summary judgment instanter attached a copy of the summary judgment motion papers to his motion for leave to file, it was properly and sufficiently filed with the clerk of courts as required by Civ. R. 5(E).
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| McClinton v. Midtown Express Bus Lines, No. 88268,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: A dismissal of a bus passenger's personal injury negligence action against a bus company was proper, as the action was filed beyond the limitations period of R.C. § 2305.10; as the passenger and bus driver resided in Ohio, the company operated out of Ohio, but the accident occurred in Michigan, Ohio had the most significant relationship.
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| Mellino Consulting, Inc. v. Synchronous Mgmt. Sarasota, Inc., No. 87894 h,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: A consultant and a consulting service made a sufficient prima facie showing of personal jurisdiction of a management company and its president, both non-residents of Ohio, to survive a motion to dismiss for lack of personal jurisdiction, as minimum contacts in Ohio were shown for purposes of Civ. R. 4.3 and R.C. § 2307.382.
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| Pearlman v. Sukenik, No. 87904,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: Summary judgment was proper. A buyer did not establish a genuine issue of material fact as to the illegality of an apartment unit. His claim was based on nothing more than his own conclusion. While the seller offered substantial evidence to show that the city had not determined the unit to be illegal, the buyer offered no evidence in rebuttal.
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| Spyke v. Ohio Dep't of Natural Res., Case No. 2006-05951-AD,
COURT OF CLAIMS OF OHIO, February 8, 2007, Filed
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Overview: Ohio Department of Natural Resources (DNR), which was qualified as owner of premises pursuant to R.C. § 1533.18, was not liable under R.C. § 1533.181 to recreational boat owner for damages sustained to owner's boat from nails in a dock in DNR's marina since owner, who paid no fee to enter premises, was a "recreational user" under R.C. § 1533.18(B).
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| State v. Brown, No. 87932,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: Sufficiency of the evidence supported defendant's conviction for possession of drugs, in violation of R.C. § 2925.11(A), as he refused to comply with a police officer's command to stop but instead, veered onto an adjacent lawn and was ultimately arrested; a bag of crack cocaine was found in the vicinity where he walked, and possession was inferred.
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| State v. Carnes, CASE NO. 05 MA 231,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, February 8, 2007, Decided
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Overview: R.C. § 2919.25, prohibiting domestic violence, did not offend Ohio Const. art. XV, § 11, the "Defense of Marriage" amendment, because it did not try to approximate the legal status of marriage, so it was constitutional when used to prosecute unmarried but cohabitating persons because the prosecution created no legal status equivalent to marriage.
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| State v. Dozier, No. 88205,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 8, 2007, Released
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Overview: A trial court properly denied an inmate's motion to correct sentence without a hearing, as it was a postconviction relief motion which was not timely filed under R.C. § 2953.23(A), and his claim that the sentence was improper under R.C. § 2941.25(A) was barred by res judicata where it could have been raised on a direct appeal.
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