Ohio, October, 2003, State Case law

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State Courts - Ohio - October 16, 2003

Atwater v. Delaine, NO. 82191, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, October 16, 2003, Date of Announcement of Decision
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Overview: The court erred issuing an order "clarifying" a prior order where the "clarifying order" modified the spousal support provision of the divorce decree, a provision that the parties had agreed, and the court ordered, would be unmodifiable.

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Bd. of Twp. Trs. Sandusky Twp. v. Music, Case No. 2003-CA-0018, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, October 16, 2003, Date of Judgment Entry
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Overview: Definition of "junk" in a local zoning ordinance was sufficiently definite to be enforced. Trial court's permanent injunction enjoining the maintenance of a junkyard on the premises of landowners was authorized and was affirmed.

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Hesselgesser v. Hesselgesser, Case No. 2003-CA-24, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, LICKING COUNTY, October 16, 2003, Date of Judgment Entry
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Overview: Appeals court affirmed that, under divorce decree, father was responsible to pay for only 50 percent of daughter's college tuition, fees, and books, but was responsible to co-sign "any" college loans, even for room and board.

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In re A.C., NO. 82289, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, October 16, 2003, Date of Announcement of Decision
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Overview: Colloquy used by trial court in juvenile proceeding was insufficient to establish a knowing waiver of the right to counsel since the trial court failed to ascertain whether defendant understood the nature of the right to counsel that he was waiving.

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Lanton v. Jacobs, NO. 82418, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, October 16, 2003, Date of Announcement of Decision
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Overview: Where the trial court found that the driver was liable for damage to the owner's vehicle, and the driver did not provide the appellate court with a transcript on appeal, the regularity of the trial court proceedings was presumed.

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Morris v. Morris, Case No. 02CA10, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, MEIGS COUNTY, October 16, 2003, Filed
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Overview: Because a father's only source of income was Supplemental Security Income, the trial court abused its discretion in ordering him to pay child support.

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Seymour v. Ohio Adult Parole Auth., Case No. 03CA16, COURT OF APPEALS OF OHIO, FIFTH APPELLATE DISTRICT, RICHLAND COUNTY, October 16, 2003, Date of Judgment Entry
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Overview: The holding that the prisoners were denied parole arbitrarily and unjustifiably was a final appealable order. The court erred by sua sponte, and without prior notice to the parole authority, entering a pretrial judgment in favor of the prisoners.

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Siwik v. City of Shaker Heights, No. 82390, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, October 16, 2003, Date of Announcement of Decision
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Overview: Developer's actions in re-subdividing a land parcel did not amount to contract zoning or foul play, the application satisfied the applicable zoning ordinances, and a separate opinion on each of the points of error raised was unnecessary.

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State ex rel. Nasal v. BJS No. 2, Inc., CASE NO. 03-CV-287, STATE OF OHIO, COURT OF COMMON PLEAS, MIAMI COUNTY, GENERAL DIVISION, October 16, 2003, Decided
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Overview: Local officials were entitled to permanent injunctive relief from nuisances that resulted from operation of cabaret and illegal sale of alcoholic beverages, but adult bookstore was not a nuisance, and, thus, no relief was granted regarding it.

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State v. Brown, NO. 82751, COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY, October 16, 2003, Date of Announcement of Decision
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Overview: Trial court erred when it stated that the law required that defendant's sentence on a conviction for possession of drugs needed to run consecutive to an earlier probation violation sentence. The sentence was vacated.

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