Friday First District Roundup 10-4-19

In re: E.B.
Case #C190054

Quote from Judge Bergeron's Opinion:

This child-custody dispute arises in an unusual posture—the appellant guardian ad litem (“GAL”) for the child insists that the child be placed in the permanent custody of the Hamilton County Department of Job and Family Services (“HCJFS”). But HCJFS is holding up its hands, resisting that result. It instead desires that the child live with her maternal cousin, which is exactly what the juvenile court ordered. Upon a comprehensive review of the record, we affirm the juvenile court’s judgment and dissolve the stay that we previously issued.

Metal Interests, LTD v. Interesting Investments, LLC, William Glick
Case # C180518
Quote from Judge Myers' Opinion:

This is an appeal of the judgment of the Hamilton County Court of Common Pleas in favor of a commercial building owner against its tenant. Because the tenant failed to transfer a liquor permit to the landlord at the termination of the lease as required under the lease’s clear and unambiguous terms, we affirm the trial court’s judgment ordering the tenant to take the necessary steps to transfer the permit.

State of Ohio v. Derek Cannon
Case #C180474

Quote from Judge Winkler's Decision:

Defendant-appellant Derek Cannon appeals the Hamilton County Common Pleas Court’s judgment overruling his Crim.R. 33(B) motion for leave to file a motion for a new trial. We reverse the judgment upon our determination that the court abused its discretion in denying leave without an evidentiary hearing.

Michael Linthicum, Individually and as the Administrator of the Estate and Next of Kin of Joshua Linthicum, Deceased, Deborah Linthicum v. Physicians Anethesia Service, Inc., Thomas R. Elsass, M.D.
Case # C180382

Quote from Judge Crouse's Opinion:

Plaintiffs-appellants Michael Linthicum, individually and as the administrator of the estate of Joshua Linthicum, and Deborah Linthicum (collectively, the “Linthicums”) appeal the trial court’s grant of Physicians Anesthesia Service, Inc., (“Physicians Anesthesia”) and Thomas R. Elsass, M.D.’s (“Elsass”) motion for judgment on the pleadings. For the reasons that follow, we affirm the judgment of the trial court.

Jitander Dudee v. Timothy Philpot
Case #C180280

Quote from Judge Crouse's Opinion:

During his time on the family court bench, defendant-appellee Judge Timothy Philpot wrote a fictional novel in which he details multiple family court cases in an attempt to persuade readers of the importance of traditional Christian values regarding family and marriage. One of the fictional cases described was the contentious divorce case of Dr. Gupta Patel, a character who plaintiff-appellant Dr. Jitander Dudee claims closely resembles him, a former litigant who appeared before Philpot. Philpot portrays Patel as a deceitful and unfaithful husband who is hated by his children and who repeatedly lies to the court. Dudee brought suit, claiming that he was defamed and portrayed in a false light by Philpot’s statements about the fictional Patel.

Margaret Milatz v. City of Cincinnati, Ohio, Cincinnati USA Regional Chamber of Commerce, Loud and Clear, Inc.
Case #C180272

Quote from Judge Bergeron's Opinion:

A night at Oktoberfest in downtown Cincinnati went awry when a patron fell and injured herself. As the culprit for the fall, the patron zeroed in on a safety utility box (placed over wires on the ground to prevent people from tripping), which appeared haphazardly assembled when the patron returned to the scene a day after the accident. In the ensuing lawsuit, the trial court granted summary judgment based on the “open and obvious” nature of the box—a conclusion that the plaintiff does not seriously dispute at this point. Instead, she claims that attendant circumstances distracted her attention, thereby granting her entitlement to a trial. But her position would represent a substantial expansion of the attendantcircumstances doctrine, which is a step we are unwilling to take on this record, particularly in light of the lack of evidence of actual causation. For the reasons detailed below, we affirm the grant of summary judgment.

Daryl Stykes v. Colerain Township
Case #C180260

Quote from Judge Zayas' Opinion:

This is an appeal from the dismissal of a case involving a stop sign that was missing from an intersection in Colerain Township. As a result of the missing sign, a motorcyclist collided with a vehicle and was seriously injured. The motorcyclist, in an attempt to recover damages for his injuries, sued the township only to encounter another obstacle: sovereign immunity. The Ohio General Assembly has granted political subdivisions immunity from liability for injuries and deaths on their roadways, subject to limited exceptions. Unfortunately, none of the exceptions are applicable to this case. Therefore, we must affirm the judgment of the trial court.

State of Ohio v. Andrea Beasley
Case # C180152

Quote from Judge Mock's Opinion:

Because the state failed to establish that the officer was following an official policy when he searched the vehicle pursuant to an inventory-search policy, it failed to establish that the search was lawful. Therefore, the trial court erred when it denied the motion to suppress in this case.

WBCMT 2007-C33 Office 7870 LLC v. Breakwater Equity Partners, LLC, Thompson National Properties, LLC, TNPPM Kemper Pointe, LLC, Anthony W. Thompson
Case #C180127

Quote from Judge Bergeron's Opinion:

The genesis of this appeal begins with a seemingly-innocuous decision to seek leave to amend a complaint. The trial court obliged, setting off a cascade of subsequent events that might render this case a fixture in the lore of civil procedure professors for years to come.

Mary Hensel v. Ronald Childress
Case #C180100

Quote from Judge Winkler's Opinion:

Defendant-appellant Ronald Childress has appealed the trial court’s award of damages and attorney fees in favor of plaintiff-appellee Mary Hensel in their landlord-tenant dispute.

In three assignments of error, Childress argues that the trial court erred in admitting into evidence photographs of the property taken before he occupied the property, awarding attorney fees to Hensel, and awarding damages to Hensel without regard to the ordinary wear and tear that occurred on the property.

For the reasons set forth below, we overrule all three assignments of error and affirm the judgment of the trial court.

State of Ohio v. Christopher Smith
Case #C180645

Quote from Judgment Entry:

We consider this appeal on the accelerated calendar, and this judgment entry is not an opinion of the court. See Rep.Op.R. 3.1; App.R. 11.1(E); 1st Dist. Loc.R. 11.1.1. Defendant-appellant Christopher Smith presents on appeal a single assignment of error challenging the Hamilton County Common Pleas Court’s judgment overruling his 2018 “Motion to Correct Void Sentence and/or Judgment.” We affirm the court’s judgment as modified to dismiss the motion for lack of jurisdiction.