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| Collins v. Lyons, Court of Appeals No. E-07-006,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, ERIE COUNTY, February 12, 2007, Decided
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Overview: As a trial court held a hearing on an inmate's habeas corpus petition regarding the alleged illegality of his extradition pursuant to R.C. § 2963.09, he could not thereafter seek habeas corpus relief at the appellate court level based on a claim that his due process rights were violated by the trial court; he needed to filed a direct appeal.
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| Colonial Credit Corp. v. Dana, CASE NO. 06-MA-100,
COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, February 12, 2007, Decided
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Overview: In a creditor's credit card account suit, when the alleged debtor denied responsibility for the account, she was not deemed to have admitted the account was hers, under Civ. R. 36(A), because she answered the creditor's request for admissions within 30 days of receiving it, and her denial created an issue of material fact, barring summary judgment.
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| In re A.T., CASE NO. CA2006-02-016,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, CLERMONT COUNTY, February 12, 2007, Decided
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Overview: A juvenile court did not abuse its discretion by holding an attorney in contempt of court pursuant to R.C. § 2705.02(B), as she had conducted a deposition of one of her client's children despite knowing that there was a pending motion to strike it, and she filed the deposition with the court after she saw that the deposition was in fact stricken.
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| In re L.G., CASE NO. CA2006-05-116,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, February 12, 2007, Decided
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Overview: As a trial court adopted a magistrate's custody determination regarding parties' two children without objection by either party, and the trial court thereafter denied the mother's out-of-time objections, the waiver rule of Juv. R. 40(E)(3)(d) applied for purposes of her appeal.
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| JP Morgan Chase Bank, NA v. Qualls, Case No. 2006CA00213,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 12, 2007, Date of Judgment Entry
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Overview: Summary judgment for the bank was error. The deed transferred to the son an undivided one-third interest only, and the note and mortgage identified him as the sole borrower based upon the pledge of that undivided one-third interest. The record was insufficient to support the trial court's "finding" of scrivener's error in the deed.
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| Lopez v. Dorkoff, Case No. 2006-CA-146,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 12, 2007, Date of Judgment Entry
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Overview: Evidence did not show that appellee made good faith efforts to settle under R.C. § 1343.03. Evidence showed that, based on severity of collision, appellee's insurer authorized $ 4,600 for accident reconstruction report to determine whether appellant was comparatively negligent but maintained that appellant suffered only $ 6,000 in medical expenses.
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| Sliger v. Stark County Visiting Nurses Serv. & Hospice, Case No. 2006-CA-00202,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 12, 2007, Date of Judgment Entry
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Overview: Suit to recover for injuries sustained by alleged negligence of employee of nurse service was governed by medical malpractice limitations period. Affidavit of employee established that she was medical care provider under R.C. § 2305.113(E). Court's unappealed decision directing inquiry to whether employee was medical care provider was law of case.
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| State ex rel. Traylor v. Clerk of Courts, No. 88554,
COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, February 12, 2007, Released
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Overview: Mandamus action alleging that clerk had refused to provide copy of transcript from a bind-over hearing in a juvenile court case was dismissed on summary judgment because Juv. R. 37 prevented release of transcript unless it was for purposes of appeal or was authorized by court order, and relator did not prove that either of these exceptions applied.
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| State v. Cook, Case No. 06-CA-20,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, FAIRFIELD COUNTY, February 12, 2007, Date of Judgment Entry
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Overview: While reasonable suspicion under U.S. Const. amend. IV existed for performing field sobriety tests as trooper smelled odor of burnt marijuana, evidence pertaining to charge of operating a vehicle while under influence of drugs was properly suppressed because defendant passed field sobriety tests; thus, no probable cause existed to arrest defendant.
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| State v. Herring, Case Nos. 2006CA00043, 2006CA00044, 2006CA00045,
COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 12, 2007, Date of Judgment Entry
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Overview: While trial court erred in making the requisite findings under R.C. § 2929.14(E)(4), which the Supreme Court of Ohio had declared unconstitutional, to justify imposition of consecutive sentences, the error was harmless under Crim. R. 52(A) because the trial court imposed same sentence, first without and then with the R.C. § 2929.14(E)(4) findings.
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