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| Baker v. Dir. of Ohio Dep't of Job & Family Servs., Court of Appeals No. L-06-1198,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 23, 2007, Decided
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Overview: As the evidence established that an unemployment compensation benefits applicant quit his employment without just cause, he was ineligible to collect unemployment compensation benefits pursuant to R.C. §§ 4141.282(H) and 4141.29; affirmance administratively and judicially was proper.
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| Davidson v. Bureau of Workers' Comp., Appellate Case No. 21731,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, MONTGOMERY COUNTY, February 23, 2007, Rendered on The
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Overview: Because the employee's claim for an aggravation of a preexisting condition not previously adjudicated by the Ohio Industrial Commission was not appealable, the trial court did not err by refusing to submit his proposed jury instruction. R.C. § 4123.512 did not provide for amendment of administrative claims at the judicial level.
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| G.A. White Enters. Custom Homes, Inc. v. Black, Appellate Case No. 06-CA-95,
COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, February 23, 2007, Rendered
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Overview: When, under R.C. § 2711.01(A), a home builder waived arbitration of a dispute with home owners because it did not seek arbitration for nine months after filing its complaint, it was unnecessary to show the owners' prejudice to find the builder could not enforce arbitration, but prejudice existed due to the builder's delay in asserting its right.
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| Ghindia v. Buckeye Land Dev., LLC, CASE NO. 2006-T-0084,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, TRUMBULL COUNTY, February 23, 2007, Decided
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Overview: As a prior owner of land that was zoned as residential had manifested an intent to abandon his non-conforming use, which was an excavation business, and such discontinuance of the use exceeded the statutory two-year period of R.C. § 519.19, the present owner could not operate a landscaping business on the property.
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| In re Guardianship of Thacker, CASE NO. 2006-P-0076,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, PORTAGE COUNTY, February 23, 2007, Decided
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Overview: Upon the death of a ward, a guardian's appeal of a probate court's adoption of a magistrate's order which had required that the assets from the ward's revocable inter vivos trust were to be included in the guardianship inventory was dismissed; the guardian no longer had standing to prosecute the appeal.
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| In re Johnny H., Court of Appeals No. L-06-1044,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 23, 2007, Decided
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Overview: Clear and convincing evidence supported the termination of a mother's parental rights over her child, which was in the child's best interest, as he was adjudicated dependent, had not lived with her since he was two months old due to her incarcerations, and she failed to use services to regain custody pursuant to R.C. §§ 2151.353(A)(4) and 2151.414.
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| In re McDonald, CASE NO. 2006-L-027,
COURT OF APPEALS OF OHIO, ELEVENTH APPELLATE DISTRICT, LAKE COUNTY, February 23, 2007, Decided
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Overview: A juvenile who left a box containing intimidating and threatening notes with racially hostile messages on the driveway of the victims, who were the only African-Americans residing on the street, was properly convicted of aggravated menacing, ethnic intimidation, and criminal trespass, in violation of R.C. §§ 2903.21, 2927.12, and 2911.21(A)(1).
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| In re O'Brien, No. 2006-1887,
SUPREME COURT OF OHIO, February 23, 2007, Decided
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Overview: An attorney's affidavit of resignation from the practice of law pursuant to Ohio Sup. Ct. R. Gov't Bar V(11)(G)(1) was accepted by the Ohio Supreme Court as one with disciplinary action pending; directives regarding the attorney's notification of clients, opposing counsel, and tribunals, and as to client files, fees, and expenses were made.
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| In re Trybus, No. 2006-1600,
SUPREME COURT OF OHIO, February 23, 2007, Decided
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Overview: An attorney's affidavit of resignation from the practice of law pursuant to Ohio Sup. Ct. R. Gov't Bar V(11)(G)(1) was accepted by the Ohio Supreme Court, which provided directives regarding the attorney's notification of clients, opposing counsel, and tribunals, and as to client files, fees, and expenses.
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| Jp Morgan Chase Bank v. Murdock, Court of Appeals No. L-06-1153,
COURT OF APPEALS OF OHIO, SIXTH APPELLATE DISTRICT, LUCAS COUNTY, February 23, 2007, Decided
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Overview: A trial court properly granted summary judgment to a first and second mortgagee (FM/SM) in their foreclosure claims against mortgagors, as there was no adequate proof raised regarding the FM's entry into and breach of a settlement agreement with the mortgagors; as they were in default of payment on the SM, it properly accelerated the balance due.
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