Friday First District Roundup 3-20-20

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

Interested in getting these weekly updates sent right to your inbox? Sign up here!

In re: C Children
Case #C190682

Quote from Judge Bergeron's Opinion:

A child endangerment conviction provides the backdrop for this case concerning the termination of Mother’s parental rights. On appeal, Mother presents two assignments of error, principally attacking the foundation of the juvenile court’s decision. We have carefully reviewed the record, however, and conclude that the juvenile court did not err in terminating Mother’s parental rights. We accordingly affirm the decision below.

Zola S. Makrauer v. Hal Homes, Inc.
Case # C190256

Quote from Judge Myers' Opinion:

Plaintiff-appellant Zola S. Makrauer appeals from the trial court’s judgment granting a Civ.R. 12(B)(6) motion to dismiss filed by defendant-appellee Hal Homes, Inc., (“Hal Homes”). Because the trial court correctly determined that Makrauer’s complaint was barred by the statute of repose, we affirm its judgment.

In November 2018, Makrauer filed a complaint against Hal Homes asserting a claim for negligence. The complaint alleged that in 1985, Hal Homes constructed a condominium that is currently owned by Makrauer. Makrauer purchased the condominium in 1987 from its original owner.

According to the complaint, Hal Homes negligently constructed the condominium by failing to connect the wood framing of the condominium to the concrete foundation. This resulted in the condominium moving independently from the foundation, caused cracking in the foundation, and allowed water intrusion. The complaint alleged that due to Hal Homes’s negligence, the construction on the condominium was never substantially completed and Makrauer had to spend approximately $97,500 to repair the damage and bring the condominium to a state of substantial completion.

State of Ohio v. Niarobi Teasley
Case #C190190

Quote from Judgment Entry:

Defendant-appellant Niarobi Teasley presents on appeal four assignments of error that, distilled to their essence, challenge the Hamilton County Common Pleas Court’s judgment denying the relief sought in his Crim.R. 33(B) motion for leave to move for a new trial. We overrule the assignments of error and affirm the court’s judgment as modified to overrule the motion. In 1997, Teasley was convicted of aggravated murder. He unsuccessfully challenged his conviction on direct appeal and in postconviction motions filed in 1997, 1999, and 2017.

State of Ohio v. Ricardo G. Lee
Case #C190149

Quote from Judge Zayas' Opinion:

Ricardo G. Lee appeals his sentences, after his no-contest pleas, for criminal trespassing and public indecency, both misdemeanors of the fourth degree. In two related assignments of error, Lee contends that the trial court erred by failing to merge his convictions for sentencing, and that he was denied the effective assistance of counsel because his trial counsel did not inform the court that the offenses were allied. Finding no merit to his assignments of error, we affirm the judgment of the trial court.

435 elm Investment, LLC v. CBD Investments Limited Partnership I, Ronald J. Goldschmidt, RSJJ Investments Limited, CBD Investments, Inc., City of Cincinnati, Robert A. Goering
Case #C190133

Quote from Judge Bergeron's Opinion:

In this latest chapter of a meandering quest to execute on a judgment, the plaintiff here zeroed in on various entities allegedly owned by the judgment debtors. One potential weapon in a creditor’s arsenal in such situations is a “charging order” under R.C. 1705.19(A), which enables creditors of a member of a limited liability company (“LLC”) to obtain a judicial order charging the membership interest of the member with payment of the unsatisfied amount of the judgment. The plaintiff here sought, and secured, such an order, but there were two problems. First, several of the entities were not LLCs at all, placing them beyond the purview of the statute at hand. And second, for the actual LLCs involved, the plaintiff failed to tender requisite evidence that our precedent requires to substantiate the judgment debtors’ membership interests in the LLCs. For these reasons, we must reverse the judgment below.

State of Ohio v. Daniel Reynolds
Case #C190055

Quote from Judge Zayas' Opinion:

Daniel Reynolds appeals his sentence, after a no-contest plea, for failure to stop after an accident. In his sole assignment of error, Reynolds contends that the trial court erred by sentencing him to prison after erroneously concluding that he had caused physical harm while committing the offense. We agree, and reverse the judgment of the trial court as to the sentence imposed and remand the cause for resentencing consistent with this opinion.

In re: S.D.
Case #C190011

Quote from Judge Zayas' Opinion:

In this case, we are asked to address the limited question of whether the state presented sufficient circumstantial evidence to allow the factfinder to conclude that S.D. had committed an aggravated robbery using a deadly weapon and that the commission of the offense supported an additional one-year term for possessing a firearm while committing the offense.

Mark Brady was a delivery driver for a pizza restaurant. He arrived at an address in the Price Hill neighborhood of Cincinnati to deliver two pizzas, but no one came to the door. When the driver called the number on the order, an individual stated that they were in the bathroom and that they would be down shortly. As the driver waited on the front porch, two individuals approached. Each individual was holding what the driver reported to be a handgun. One was black, and the other was grey. Neither weapon appeared to have an orange tip. The driver was told not to move, and S.D. approached him. The driver said that S.D. reached into his pockets and took his money, his wallet, his cell phone, and the pizzas. The two individuals then fled, and the driver returned to his employer and contacted the police.