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State Courts -
Ohio - February 20, 2007
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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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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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