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State Courts -
Ohio - February 9, 2007
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Borror v. MarineMax of Ohio, Inc., Court of Appeals No. OT-06-010,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, OTTAWA COUNTY, February 9, 2007, Decided
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Overview: Where a boat seller disclosed to a purchaser that a particular boat had been damaged and repaired, but the full extent of the damages were not disclosed, the seller committed a deceptive act in violation of R.C. § 1345.02(A) of the Ohio Consumer Sales Practices Act, R.C. § 1345.01 et seq.; the boat had extensive structural damage.
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Bunkers v. Bunkers, Court of Appeals No. WD-06-030,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, WOOD COUNTY, February 9, 2007, Decided
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Overview: Using the extrapolation method to calculate child support above the $ 150,000 maximum, under the R.C. § 3119.021 support schedule, was not an abuse of discretion. When valuing a professional practice, using a fair market approach, including goodwill, and limiting a marketability discount to possible transaction costs was not an abuse of discretion.
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Crosset v. Marquette, APPEAL NOS. C-060148, C-060180,
COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY, February 9, 2007, Date of Judgment Entry on Appeal
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Overview: As a police officer had probable cause to arrest a former husband on a charge of domestic violence, in violation of R.C. § 2919.25(A), based upon a claim from the former wife and the daughter that he allegedly hit the daughter, and the officer acted without malice, he was entitled to summary judgment on the husband's malicious prosecution claim.
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Haas v. Behr Dayton Thermal Prods., LLC, Appellate Case No. 21586,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 9, 2007, Rendered
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Overview: When employees said their employer would not pay them overtime, it was no abuse of discretion not to certify a class action, under Civ. R. 23(B), because whether each employee was exempt, under R.C. § 4111.03, had to be individually determined. A bar on employer communications with possible class members did not prevent Civ. R. 23(A) certification.
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In re Matlock, C.A. CASE NO. 21494,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 9, 2007, Rendered
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Overview: A probate court properly adopted a magistrate's decision to award a guardian of a minor fees in an amount less than requested pursuant to Montgomery County, Ohio, Ct. C.P. Prob. Div. R. 73.1, as interest on tax-deferred accounts which was retained was properly characterized as deposits rather than income for purposes of fee calculation.
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