Volume 225 — North Eastern Reporter, Third Series

The trial court erred in granting appellees' motion for class certification as to their Consumer Sales Practices Act and unjust enrichment claims. Appellees did not show the relied upon administrative rule provided clear notice that appellant's conduct was deceptive or unfair under the Consumer Sales Practices Act. Nor did appellees show, as to their unjust enrichment claims, that questions of law or fact common to class members predominate over any questions affecting only individual members. Judgment reversed cause remanded.

The trial court did not err in granting summary judgment in favor of appellee and in denying appellant's motion for summary judgment. The lease was unambiguous and contained a condition precedent that was not met. Judgment affirmed.

summary judgment, declaratory judgment, quiet title, merger, note, mortgage, joint and several liability, slander of title, motion for reconsideration

Chain of custody Evid.R. 901(A) sufficiency of the evidence murder aggravated murder complicity conspiracy R.C. 2923.01(B) overt act in furtherance of conspiracy Crim.R. 12(C)(2) cruel and unusual punishment Eighth Amendment

Home Solicitation Sales Act deceptive act or practice written three-day notice to the buyer of the right to cancel consumer transaction Consumer Sales Practices Act sword/shield dichotomy election of remedies R.C. 1345.23 R.C. 1345.09 cancellation refund.

void for vagueness, ordinance, poultry

No-duty winter rule, natural v. unnatural accumulation of snow and ice, open and obvious doctrine, breach of contract, summary judgment

Judgment affirmed. The trial court did not abuse its discretion by invoking equity to relieve a tenant from the consequences of the tenant's failure to submit a timely notice to renew several commercial leases. The record demonstrated that the landlord would not be prejudiced by the equitable relief, the tenant and subtenant would forfeit millions of dollars in valuable improvements if the leases terminated, and that the failure to timely submit the renewal notice resulted from an honest mistake. The trial court did not plainly err by admitting certain exhibits at trial.

Civ.R. 4.1 Civ.R. 4(2)(F) personal jurisdiction over a corporation plaintiff made service on corporate defendant's only commercial building in Youngstown return of service card was signed with the initials of the corporation's name defendant did not rebut the presumption of proper service judgment overruling motion to vacate on grounds of lack of personal service is affirmed.