Volume 259 — North Eastern Reporter, Third Series

Trial court erred by issuing conditional release order because it misconstrued or misunderstood the evidence before it regarding the recommendations of the psychologists that had examined the defendant. Judgment reversed and remanded for rehearing.

CIVIL - injunction; R.C. 121.22; ex rel.; real party in interest; failure to state a claim upon which relief can be granted; Civ.R. 12(B)(6); Civ.R. 17(A); when a statute so provides, an action for the use or benefit of another shall be brought in the name of the State of Ohio.

Judgment affirmed. The trial court did not err by awarding appellee attorney fees and costs for defending a judgment confirming an arbitration award on appeal. Appellee's motion under App.R. 26(A)(1)(a) to reconsider this court's ruling granting appellant's motion to supplement the record under App.R. 9(E) is granted. The motion was erroneously granted because appellant did not timely request a transcript of the hearing before the magistrate in the trial court, and it may not remedy that failure by attempting to supplement the record on appeal under App.R. 9(E).

Summary judgment in favor of landlord on breach of commercial lease claims was warranted where the tenant did not dispute the conduct or conditions at issue that violated the clear terms of the lease and failed to present Civ.R. 56 evidence to meet his reciprocal burden to establish a genuine issue of material fact remains for trial. The trial court likewise did not err in awarding the landlord the money damages it sought since the landlord demonstrated its entitlement to damages in an amount ascertainable with reasonable certainty and the tenant did not present evidence to oppose those amounts. Because a genuine issue of material fact remained as to whether an act of default occurred under the lease to permit the award of attorney's fees, summary judgment on that issue was not appropriate and the matter was remanded to the trial court to conduct further proceedings on that issue. Judgment affirmed in part and reversed in part; cause remanded with instructions.

Sulek, J. Where appellant fell and sustained injury, the trial court property granted summary judgment to marina owner and boat launch lessee due to the open and obvious nature of the gap between floating dock sections. Attendant circumstances.

The trial court erred by determining that a parcel of real estate containing a church building was marital property, without the involvement of the parties' non-profit church organization, Christ International Outreach Ministries, which the trial court found, based on review of public records, had at least a partial ownership interest in the church property. The trial court's judgment, ordering the divorcing parties to sell the church property and equally divide the net proceeds, without consideration of Christ International Outreach Ministries' ownership interest, is not supported by competent, credible evidence.

R.C. 2953.08(D)(1); R.C. 2953.08(G)(2); consecutive sentences; contrary to law; proportionality; R.C. 2929.14(C)

R.C. 2317.02(B)(1) and (5)(a); discovery of personal and confidential medical records; R.C. 3701.74.

Hearsay testimony inadmissible unless exception applies; Evid.R. 803; present sense impression exception to hearsay; confrontation clause; testimony regarding officers' next step in investigation; evidence of defendant's prior bad acts generally inadmissible; where testimony is presented indicating defendant was involved in some investigation but his role is undefined and no details are provided as to his involvement, testimony does not comprise prior bad acts testimony; manifest weight of the evidence.

Objections sustained in part and overruled in part and a limited writ of mandamus is granted. The fifth objection is sustained. The magistrate's decision is adopted with the exception of its reference to the promulgation of Ohio Adm.Code 4123-17-73 under R.C. 119.01 because the regulation was promulgated under R.C. 111.15. The remainder of the objections are overruled. The Ohio Bureau of Workers' Compensation was required to calculate and issue premium refunds in accordance with Ohio Adm.Code 4123-17-73(Q), notwithstanding its decision to issue a one-time dividend of excess surplus under R.C. 4123.321 and Ohio Adm.Code 4123-17-10.

Judge Duhart. Manifest weight. Crim.R. 29. Permit. Contractor. Authentication.

Fraud, breach of contract

Common pleas court decision affirming decision of Ohio Motor Vehicle Dealers Board affirmed. Where the proposed sale of a motor vehicle dealership was contingent on approval of the buyer's plan to relocate the dealership, the franchisor-manufacturer's decision to allow the sale but deny the relocation request amounted to constructive denial of the sale. Under those circumstances, R.C. 4517.56 applied, granting the franchisee-dealer and proposed buyer a right to protest to the Board and requiring a showing of good cause for denying the sale. Because the statute expressly provides that a proposed relocation does not constitute good cause and the franchisor-manufacturer had no other grounds for constructive denial of the sale, summary judgment was properly granted in favor of franchisee-dealer and proposed buyer.

Trial court did not improperly admit unfairly prejudicial 911 call; appellee did not violate appellant's cross-examination rights with respect to victims in the courtroom pursuant to Marsy's Law; appellee adduced sufficient evidence that appellant's assault proximately caused the victim's felony murder; appellant's felony murder conviction not against the manifest weight of the evidence, appellant's felony murder conviction not against manifest weight of evidence on issue of self-defense; and appellant's felonious assault conviction not against the manifest weight of the evidence.

Sufficiency & manifest weight; Admissibility of evidence; Post Release Control ("PRC")

Murder, Felony Assault, Discharge of Firearm on or Near Prohibited Premises, Improperly Discharging Firearm, Improperly Handling Firearm in a Motor Vehicle, Manifest Weight and Sufficiency of Evidence, Denial of Motion to Continue not an Abuse of Discretion, Any Evidence Admitted, Even if Improperly Admitted, Harmless

Thomas' conviction of aggravated menacing was not against the manifest weight of the evidence. The trial court committed plain error as R.C. 2951.02(A) does not grant probation officers the statutory authority to search a misdemeanor offender's home at any time for weapons. Judgement affirmed, sentence affirmed in part and reversed in part; cause remanded.

emergency, R.C. 2917.13, riot, Crim.R. 29, Evid.R. 403

Motion to suppress; reasonable suspicion; remand; mandate; dismissal of case. - Trial court exceeded this court's limited remand by dismissing the case, and the dismissal was therefore void; trial court properly granted defendant's motion to suppress where the police extended the Terry stop of the defendant even after they no longer had a reasonable suspicion that the defendant was involved in an earlier armed robbery.

The evidence at trial did not support a contempt finding for failing to appear for a hearing on nonpayment of fines and court costs. Although appellant had outstanding balances in two misdemeanor cases, the complaint did not clearly identify which judgment he had failed to obey and when. The State also failed to demonstrate that appellant owed any outstanding fines, as opposed to court costs, in one underlying case. Judgment reversed.

BREACH OF CONTRACT – CONTRACT INTERPRETATION: Where the commercial lease between plaintiff tenant grocery store and defendant landlord provided that plaintiff tenant could install a cart theft deterrence system ("system"), but plaintiff tenant used a system left by the previous tenant, the trial court erred in finding that the plaintiff tenant owned the system and that defendant landlord was liable to pay for damage to the system caused by defendant landlord's contractor because under the terms of the contract the use of the system did not amount to installation of the system and the bill of sale between the parties did not list the system as one of the items being transferred.