Friday First District Roundup – Shared Parenting, Competency, Municipal Immunity

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

In re: A.C.
Case #   C180088
2019 WL 3215978

SUMMARY FROM THE COURT

Where a parent moves to terminate shared parenting, pursuant to R.C. 3109.04(E)(2)(c), the court need only consider the best interest of the child and is not required to find a change in the circumstances of the child.

Upon termination of shared parenting, the juvenile court did not err in adopting the magistrate’s decision to grant sole custody of the child to her mother where the decision was in the child’s best interest and was supported by competent, credible evidence.

The juvenile court erred where it failed to make a child-support determination and failed to complete and make a part of the record a child-support worksheet.

JUDGMENT:       AFFIRMED AND CAUSE REMANDED

In re: C.B.
Case # C180055
2019 WL 3214393

SUMMARY FROM THE COURT

R.C. 2152.59(D)(2) does not preclude the parties from agreeing to extend the deadline for the restoration of a juvenile’s competency.

JUDGMENT:                       AFFIRMED

Kali Pitzer, Colton Mack, Mariah Mack v. City of Blue Ash, Louis Ernstes
Case # C180033
2019 WL 3215949

SUMMARY FROM THE COURT

Where plaintiffs sued a firefighter and the city for injuries resulting from an automobile accident with a fire truck on an emergency run, the trial court did not err in granting summary judgment in favor of defendants on the basis of governmental immunity, because plaintiffs failed to plead in their complaint that the firefighter’s actions were willful or wanton, and therefore, they were barred from raising the issue on summary judgment, and there was no genuine issue of material fact as to whether the firefighter’s conduct was reckless.

The trial court did not err in denying plaintiffs’ motion to amend the complaint to add another firefighter where the motion was untimely and could not survive a futility review.

JUDGMENT:       AFFIRMED

In re: W. Children 
Case #C190246

SUMMARY FROM THE COURT

The juvenile court’s determination that a grant of permanent custody to the Hamilton County Department of Job and Family Services was in the children’s best interest was supported by clear and convincing evidence and was not against the manifest weight of the evidence.

JUDGMENT:             AFFIRMED

Charles Richard Martin, II v. Donald A. Wegman
Case #C180308

SUMMARY FROM THE COURT:

The trial court did not err in granting defendant’s Civ.R. 12(B)(6) motion to dismiss plaintiff’s complaint for failure to state a claim upon relief could be granted where plaintiff failed to allege facts sufficient to support a claim of defamation per se because the allegedly defamatory statement required interpretation in order to be considered defamatory, and plaintiff failed to properly plead a claim for defamation per quod because he did not allege any special damages such as pecuniary, economic, or specific harm related to his profession; however, the dismissal should have been without prejudice.

JUDGMENT:             AFFIRMED AS MODIFIED IN C-180308; APPEAL DISMISSED IN C-180268

State of Ohio v. Gregory Kimble 
Case #C180182

No Summary.

State of Ohio v. Robert Lee Jackson 
Case #C180160

SUMMARY FROM THE COURT:

The absence of standby counsel at trial did not invalidate defendant-appellant’s waiver of his right to counsel where the waiver was voluntarily, knowingly and intelligently made and defendant affirmed at trial that he wished to proceed pro se:  defendant was not entitled to standby counsel and the trial court was obligated to respect defendant’s constitutional right to represent himself.

JUDGMENT:             AFFIRMED