Volume 237 — North Eastern Reporter, Third Series

JUDGMENT NOTWITHSTANDING THE VERDICT DIRECTED VERDICT DEPOSITION TESTIMONY CIV.R. 32 MOTION FOR JURY TRIAL CIVIL MANIFEST WEIGHT OF THE EVIDENCE ATTORNEY FEES BREACH OF CONTRACT TORTIOUS INTERFERENCE WITH A CONTRACT PUNITIVE DAMAGES. The trial court erred by granting plaintiff-appellee/cross-appellant's motion for judgment notwithstanding the verdict as to defendant-appellant/cross-appellee's counterclaim for tortious interference with a contract and erred by denying defendant-appellant/cross-appellee's motion for judgment notwithstanding the verdict as to plaintiff-appellee/cross-appellant's breach-of-contract claim. The trial court erred by granting plaintiff-appellee/cross-appellant's motion for directed verdict as to defendant-appellant/cross-appellee's counterclaim for punitive damages. Even assuming without deciding that it satisfied the circumstances which must be met under Civ.R. 32(A)(3), plaintiff-appellee/cross-appellant was not materially prejudiced by the exclusion of deposition testimonies at trial. The trial court did not abuse its discretion by granting defendant-appellant/cross-appellee's motion for a jury trial. The jury's verdict as to defendant-appellant/cross-appellee's breach-of-contract counterclaim is not against the manifest weight of the evidence. The trial court did not abuse its discretion by denying plaintiff-appellee/cross-appellant's request for attorney fees.

R.C. 2953.25 – CERTIFICATE FOR QUALIFICATION FOR EMPLOYMENT – ABUSE OF DISCRETION: The trial court abused its discretion by denying the applicant's petition for a certificate for qualification for employment where the R.C. 2953.25(C)(6) presumption for eligibility applied and there was no evidence supporting a finding that the applicant was not rehabilitated, and therefore, the cause must be remanded with instructions to the trial court to grant the petition. [See SEPARATE CONCURRENCE: The cause should be remanded with instructions to the trial court to correctly apply the rebuttable presumption contained in R.C. 2953.25(C)(6).]

expiration of statute of limitations on note does not necessarily bar foreclosure action on mortgage alternatively, an open-end line of credit was not a UCC note appellant's reply brief cannot raise alternative arguments from below that were not raised in the initial appellant's brief mortgage expiration statute does not apply to mortgagor

EXTRAORDINARY WRIT - Petition for writ of mandamus referendum petition Civ.R. 12(B)(6) motion to dismiss board of elections city auditor R.C. 731.29 petition for writ of mandamus did not state claim for relief because relator did not allege he had submitted a change of address form with Board of Elections prior to his signature being invalidated relator did not have standing to bring action on behalf of other invalidated signatories to referendum petition.

CIVIL - settlement agreement judgment granting writ of restitution possession of real property voluntary surrender of real property failure to obtain a stay of execution.

Osowik. Affirming dismissal of administrative appeal, where appellant failed to request the issuance of a praecipe for preparation of the record pursuant to R.C. 2506.02, and where complaint fails to state a cause of action for trespass or for injunctive relief.

CRIMINAL - Sexual imposition R.C. 2907.06(A)(1) motion to dismiss the state's failure to preserve materially exculpatory evidence is a violation of a defendant's due process rights evidence is not materially exculpatory if it is merely potentially useful to the defense bad faith Crim.R. 16 motion for sanctions for the spoliation of evidence manifest weight of the evidence Crim.R. 29(A) judgment of acquittal sexual contact sexual contact must be for the purpose of sexual arousal or gratification jury instructions R.C. 2901.22(A) purposely.

State ex rel. Special Prosecutors, State v. Davis, State ex rel. Davis v. Janus, jurisdiction, motion to withdraw guilty plea, Crim.R. 32.1

Terry stop reasonable suspicion motion to suppress informants anonymous informer reliability general description "high-crime" area totality of the circumstances pat down reasonable suspicion