Friday First District Roundup 11-1-19

Each Friday, we highlight decisions of the First District Court of Appeals in the past week. For question about these cases, contact Vanessa Seeger.

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In re: G.P.
Case #C180678

Quote from Judgment Entry:

Mother appeals the judgment of the juvenile court granting legal custody of her son, G.P., to his father. In her first and second assignments of error, mother argues that the trial court erred by terminating the parties’ shared-parenting plan and granting legal custody of her son to his father. She contends that the judgment was against the manifest weight of the evidence because there was no change in circumstances to warrant the termination of shared parenting and termination was not in the child’s best interest.

Although mother contends that neither party asked the court to terminate shared parenting, the record reveals that mother did ask the court to do so in a motion. In addition, at trial, mother testified that shared parenting had not “been working since day one.” And even if neither party had requested the termination of shared parenting, the court had the authority to terminate it on its own under R.C. 3109.04(E)(2)(c).

Coleman A. Kane v. Cheryl A. Hardin
Case # C180525

Quote from Judge Crouse's Opinion:

Defendant-appellant Cheryl Hardin appeals the decision of the Hamilton County Court of Common Pleas, Domestic Relations Division, modifying the terms of the parties’ shared-parenting plan. For the reasons set forth below, we affirm the trial court’s judgment.

State of Ohio v. Matthew Johnson
Case #C180501

Quote from Judge Myers' Opinion:

Defendant-appellant Matthew Johnson appeals from the trial court’s entry convicting him, following a jury trial, of operating a vehicle while under the influence of alcohol or drugs (“OVI”).

In a single assignment of error, he argues that the trial court erred in overruling his motion for a mistrial. Finding no merit to Johnson’s argument, we affirm the trial court’s judgment.

Daniel J. Doran, Anastasia M. Combs, Donald P. Mowry, Kathleen Hegenberger v. Patrick J. Doran, Katherine E. Doran and Patrick J. Doran, Katherine E. Doran v. Daniel J. Doran, Trustee, under the Robert J. Doran Trust Dated March 9, 1989, as amended on March 28, 1989, and Trustee under the Ida E. Doran Trust Dated June 17, 1993, as amended on March 9, 1995, February 27, 1997, and February 8, 2000, Anastasia M. Combs, Trustee, under the Robert J. Doran Trust Dated March 9, 1989, as amended on March 28, 1989, and Trustee under the Ida E. Doran Trust Dated June 17, 1993, as amended on March 9, 1995, February 27, 1997, Donald P. Mowry, Trustee under the Robert J. Doran Trust Dated March 9, 1989, as amended on March 28, 1989, Doran Holding Company, LTD., Ace Doran Hauling & Rigging Co., ADCO Realty, Inc., RADCO Enterprises, Inc.
Case # C180450

Quote from Judgment Entry:

Following a hearing on competing motions seeking to confirm, and conversely, vacate an arbitration award entered in favor of appellants Patrick J. Doran and Katherine E. Doran (collectively, “the claimants”) on their breach-of-contract claim, the trial court confirmed the arbitration award imposing liability on respondents Ace Doran Hauling & Rigging Co., Adco Realty, Inc., and Radco Enterprises, Inc., (collectively, “the 3 Ace Doran Group”), but vacated the arbitration award to the extent it imposed liability on appellees Doran Holding Company, Ltd., (“the family partnership”), and imposed liability, individually and/or as trustee under the family trusts, on appellees Daniel J. Doran, Anastasia M. Combs, Donald P. Mowry and Kathleen Hegenberger (collectively, “the individual respondents”). For the following reasons, we affirm the trial court’s judgment.