{¶ 1} Defendant-appellant, Delonta Smith ("defendant"), appeals his convictions for felonious assault and domestic violence following a jury trial. Defendant also challenges being sentenced for a felony, rather than a misdemeanor, domestic violence conviction. For the reasons that follow, we affirm... {¶ 2} Defendant was indicted on two counts of felonious assault and one count of domestic violence. The domestic violence count contained a furthermore clause specifying that...  

{¶ 1} Defendant-appellant, Louis Antenori ("defendant"), appeals from his multiple convictions and consecutive sentences for felonious assault and involuntary manslaughter. For the reasons that follow, we affirm... {¶ 2} Defendant was initially indicted on charges of murder and felonious assault. Upon agreement of the State, the murder count was amended to involuntary manslaughter in violation of R.C. 2903.04, to which defendant pled guilty. Defendant also pled guilty to a...  

{¶ 1} Defendant-appellant, City of South Euclid, appeals the trial court's denial of summary judgment. Finding merit to the appeal, we reverse... {¶ 2} In 2006, Vanessa Bounds ("Bounds") filed suit against the City, Marc Glassman, Inc., and various other parties alleging claims of negligence stemming from her fall in the City-owned parking lot adjacent to the Cedar Center Shopping Center ("Cedar Center").1... {¶ 3} In April 2005, Bounds went shopping at Marc's at...  

{¶ 1} Defendant-appellant, Antonio Goldsmith (Goldsmith), appeals his conviction for murder. After reviewing the parties' arguments and pertinent case law, we affirm Goldsmith's conviction, vacate his sentence and remand for merger of the allied offenses... {¶ 2} On December 21, 2006, a Cuyahoga County Grand Jury indicted Goldsmith with the following: one count of aggravated murder, one count of felony murder, and two counts of felonious assault. Each count included a three-year...  

{¶ 1} Plaintiff-appellant, Pennsylvania General Insurance Company, appeals from the trial court's judgment denying its claim seeking equitable contribution from defendants-appellees, Nationwide Insurance Company and Continental Casualty Company. For the reasons that follow, we reverse and remand... I. Factual History... A. The DiStefano Asbestos Bodily Injury Claim... {¶ 2} This case arose out of a bodily injury suit filed on March 7, 2002 by George DiStefano against Pennsylvania...  

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from the decision of the Cuyahoga County Court of Common Pleas that granted defendant-appellee, Melvin Raine's motion to suppress. For the reasons that follow, we reverse and remand... {¶ 2} At the suppression hearing, the testimony revealed that on July 6, 2007, at approximately 4:30 a.m., Sergeant Christopher Svec of the Cuyahoga Metropolitan Housing Authority ("CMHA"), a ten-year veteran, was on patrol in the area of...  

{¶ 1}Appellants Juris and Maxine Ciemins ("the Ciemins") appeal the trial court's denial of their motion to certify a class action lawsuit against Argent Mortgage Company, LLC ("Argent") and the trial court's decision granting Argent's motion to substitute plaintiff. The Ciemins assign the following errors for our review:... "I. The trial court erred when it ordered on October 25, 2007, that U.S. Bank National Association as Trustee be substituted as plaintiff for...  

{¶ 1} Appellant Elie Abboud appeals the trial court's granting of summary judgment in favor of appellee Summers & Vargas Co., both on the law firm's claim for payment of legal fees and Abboud's counterclaim for malpractice. He assigns the following two errors for our review:... "I. Defendant was denied due process of law when the court granted plaintiff's motion for summary judgment which was totally unsupported."... "II. Defendant was denied due process of law when the court...  

{¶ 1} Appellants Daniel Dzina and NorthPoint Properties, Inc. appeal the decision of the Cuyahoga County Court of Common Pleas that granted the motion of appellees Daniel E. Petticord and Bryztwa, Quick & McCrystal, LLP, to dismiss appellants' amended complaint, as well as the motion of appellees Joyce E. Barrett and Law Offices of Joyce E. Barrett to dismiss appellants' amended complaint. For the reasons that follow, we find that the trial court erred in taking judicial notice of the...  

{¶ 1} Defendant-appellant, Franklin Barnes, appeals his domestic violence convictions and misdemeanor assault sentence. We affirm... {¶ 2} Barnes was indicted on three counts of domestic violence in violation of R.C. 2919.25(A). Each count contained two furthermore clauses relating to two prior domestic violence convictions, rendering them felonies of the third degree. Barnes waived his right to a jury trial, and the matter proceeded to trial before the court. At the start of the...  

JOURNAL ENTRY AND OPINION... ... ... {¶ 1} Pro se defendant Charles T. Allen (appellant) appeals the court's granting summary judgment to plaintiff-appellee Citifinancial Mortgage Company, Inc., in this foreclosure action. After reviewing the facts of the case and pertinent law, we affirm... I... {¶ 2} On January 19, 2006, Citifinancial filed suit against appellant for defaulting on his mortgage payments. On July 17, 2006, Citifinancial filed a summary judgment motion. This motion...  

{¶ 1}Plaintiff-appellant, Patricia Golden ("Golden"), appeals the trial court's dismissal of her administrative appeal for lack of subject matter jurisdiction. Finding no merit to the appeal, we affirm... {¶ 2}In May 2007, Golden was issued a notice of liability for violating Cleveland Codified Ordinance Section 413.031 ("the ordinance"). The notice provided that on April 10, 2007, Golden's vehicle committed a red light violation on Chester Avenue in Cleveland. The...  

{¶ 1} Appellant, Angel A. Lopez (Lopez), appeals from the order of the trial court granting summary judgment in favor of Chase Bank USA, NA (Chase) in the amount of $14,388.97, plus interest, in an action on a credit card account. For the following reasons, we affirm the trial court... {¶ 2} On May 9, 2007, Chase filed a complaint in account against Lopez, seeking to collect money claimed due on a credit card account that originated with Chase. The complaint alleged that, by use of...  

MOTION AND PROCEDURAL RULINGS... Hamilton App. No. C-060557, 173 Ohio App.3d 414, 2007-Ohio-4318. This cause is pending before the court as an appeal from the Court of Appeals for Hamilton County. Upon consideration of appellants' motion for leave to file a postargument notice to correct a misstatement at oral argument,... It is ordered by the court that the motion is denied and the postargument notice is stricken, sua sponte...  

{¶1} Defendant-Appellant, Vito Gironda Construction, Co. ("Vito"), appeals from the order of the Summit County Court of Common Pleas, granting Plaintiff-Appellees, Harrison Edwards' and Richard Edwards' (collectively "the Edwards"), motion to enforce settlement. This Court dismisses the appeal... I... {¶2} At four years of age, Harrison Edwards climbed on a piece of construction equipment left on the street outside of his home. The equipment toppled over and crushed...  

{¶1} Plaintiff/Appellant, FirstMerit Bank, N.A. ("Bank") appeals the judgment of the Summit County Court of Common Pleas dismissing its complaint against Defendant/Appellees, Hortpro, Inc. and Kaan M. Aydin (collectively "Hortpro"). We reverse... {¶2} On November 6, 2007, Bank filed a complaint for replevin and conversion against Hortpro seeking possession of certain assets that Bank alleged Hortpro pledged as collateral to secure repayment of a cognovit promissory...  

{¶1} Defendant-Appellant, Roy R. Hackney, appeals an order of the Summit County Court of Common Pleas that treated his motions to vacate his conviction as untimely petitions for postconviction relief and denied them without a hearing. This Court affirms... {¶2} Defendant pled guilty to aggravated burglary, abduction, having a weapon under disability, domestic violence, and violating a protection order, and on August 22, 2005, was sentenced to an aggregate prison term of sixteen years....  

{¶ 1} On October 2, 2008, the relator, Michael Smith, commenced this mandamus action against the respondent, Judge Kenneth Callahan, to compel the judge to issue findings of fact and conclusions of law for a postconviction relief petition, which Smith filed on May 18, 2006, in the underlying case, State v. Michael Smith, Cuyahoga County Common Pleas Court Case No. CR-467634. On October 29, 2008, the respondent, through the Cuyahoga County Prosecutor, moved for summary judgment on the...  

{¶1} Plaintiffs-appellants Robert and Deborah Hoffman appeal a summary judgment of the Court of Common Pleas of Richland County, Ohio, entered in favor of defendant-appellee Stearns & Lehman, Inc. Appellants assign four errors to the trial court:... {¶2} "I. THE TRIAL COURT ERRED IN HOLDING THAT THERE WAS NO ISSUE OF FACT AS TO WHETHER THE EMPLOYER HAD KNOWLEDGE THAT AN INJURY TO ONE OF ITS EMPLOYEES WAS SUBSTANTIALLY CERTAIN TO OCCUR... {¶3} "II. THE TRIAL COURT ERRED IN...  

{¶1} Defendant-Appellant, Ross H. Stern appeals his conviction and sentence entered by the Delaware Municipal Court on one count of operating a motor vehicle under the influence of alcohol, reckless operation and failure to wear a seatbelt. Plaintiff-Appellee is the State of Ohio... STATEMENT OF THE FACTS AND THE CASE... {¶2} On February 11, 2007, at approximately 1:35 a.m., Sergeant Mark Leatherman of the Delaware Police Department was traveling northbound on Liberty Street at the...