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   State Courts - Ohio - February 20, 2007

  
Associated Visual Communs. v. Erie Ins. Group, Case No. 2006 CA 00092, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, STARK COUNTY, February 20, 2007, Date of Judgment Entry
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Overview: The trial court did not err when it determined that insurance coverage for the destroyed warehouse, under supplemental declaration Location 2, was an unreasonable interpretation of the insurance policy. There was no language in the policy which suggested that the warehouse was part of Location 2 for coverage purposes.

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Austin v. Austin, C. A. No. 06CA0047-M, COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, MEDINA COUNTY, February 20, 2007, Decided
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Overview: It was error, under R.C. § 3105.18(E), to terminate a former wife's spousal support based on her alleged cohabitation because (1) her separation agreement defined cohabitation as a relationship "akin to marriage," and (2) the evidence only showed the former wife shared living expenses with multiple other people to further her business partnership.

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Cuyahoga County Bar Ass'n v. Garfield, No. 2005-2333, SUPREME COURT OF OHIO, February 20, 2007, Decided
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DeJesus v. DeJesus, C. A. No. 06CA008935, COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, LORAIN COUNTY, February 20, 2007, Decided
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Overview: Because a zero child support order existed, the child support enforcement agency was vested with jurisdiction by R.C. § 3119.60 to R.C. § 3119.63 to review and recommend modification of that order. Under R.C. § 3119.65, the trial court was required to issue a child support order requiring the mother to pay the revised amount of child support.

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Farah v. Chatman, No. 06AP-502, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 20, 2007, Rendered
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Overview: It was no abuse of discretion to confirm a driver's deemed admissions to requests for admission served on his counsel, under Civ. R. 36(B), despite an alleged late response, because he did not timely respond to the request or seek more time in which to respond, and the deemed admissions entitled their proponent to summary judgment.

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Flint v. Int'l Multifoods, Inc., C. A. No. 06CA008918, COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, LORAIN COUNTY, February 20, 2007, Decided
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Overview: In employer intentional tort suit, evidence did not show that the employer was substantially certain that injury would result from the employee cleaning area around airlock mechanism as, although the airlock did not have a guard, no one had ever been injured by the airlock, and the employer had never been cited with regard to the unguarded airlock.

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In re A. M. W., C.A. Nos. 06CA0078-M, 06CA0079-M, COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, MEDINA COUNTY, February 20, 2007, Decided
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Overview: When a trial court found, under R.C. § 3107.07(A), that, once a stepfather seeking to adopt his stepchildren showed their natural father had failed to support them for a year, the natural father had the burden of showing that the failure to support was justified, it applied the wrong burden of proof because that burden remained with the stepfather.

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In re K.W., No. 06AP-943, COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, February 20, 2007, Rendered
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Overview: An alleged mentally ill person's release from hospitalization did not render her involuntary commitment appeal moot due to the commitment's collateral consequences and evidence of her repeated hospitalizations. Clear and convincing evidence supported R.C. § 5122.01(B)(2), (3) and (4) findings that she was subject to court-ordered hospitalization.

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In re Report of the Comm'n on Continuing Legal Educ. (Hagan), CLE-94-32550, SUPREME COURT OF OHIO, February 20, 2007, Decided
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Longo v. Nationwide Ins. Co., CASE NO. 06 BE 31, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, BELMONT COUNTY, February 20, 2007, Decided
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Overview: There was no error in granting a new trial under Civ. R. 59(A)(6) as the jury's award was insufficient to compensate the insureds for their injuries. Since the defense experts could not rule out the accident as a possible source of the victim's pain, the evidence supported the conclusion that the victim should receive some compensation.

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