Friday First District Roundup

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

There were so many cases decided this week that many do not yet have summaries. Follow the links to view the decision in full.

Amy Federle v. Todd Federle
2019 WL 2713150


Settlement agreements are favored in law; where a settlement agreement is arrived at by the parties to a divorce in open court and preserved by being read into the record, in the absence of fraud, duress, overreaching or undue influence, the domestic relations court may enter a divorce decree which accurately reflects the terms of the agreement, adopting the agreement as its judgment.

An in-court agreement of the parties to a divorce concerning division of property, allocation of parental responsibilities, and support adopted by the court as its judgment thereon is enforceable by the domestic relations court and may be incorporated into a decree of divorce even in the absence of an agreement in writing, or an approval of the decree signed by a party or her attorney.

JUDGMENT:                       AFFIRMED

In re: J.W. and H.W.
Case # C190189
2019 WL 2869622


The juvenile court did not commit plain error in denying incarcerated mother’s motion for a continuance of the permanent-custody hearing where mother failed to take advantage of alternative means of participating in the hearing and where mother was represented by counsel at the hearing.

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

Terry A. Harrell v. Managements and Training Corp., MTC Job Corps, Sarah D. Morrison, Administrator, Ohio Bureau of Workers' Compensation 
Case #C180417
2019 WL 3017099

Quote from Judge Bergeron's opinion:

The case before us concerns an award of costs issued in connection with a motion to compel
discovery, and defendant the Administrator of the Ohio Bureau of Workers’
Compensation (“the Administrator”) insists that she has found the path that leads to
interlocutory review. We, however, are unpersuaded, and we dismiss this appeal for
lack of appellate jurisdiction.

State of Ohio v. James Wofford 
Case #C180411
2019 WL 3017096

Quote from Judge Crouse's opinion:

Defendant-appellant James Wofford appeals the decision of the trial court sentencing him to prison on his conviction for involuntary manslaughter. In one assignment of error, Wofford argues that the trial court improperly declined to consider community control in sentencing him to prison, and so he must be
resentenced. We overrule Wofford’s assignment of error and affirm the decision of the trial court.

HSBC Bank USA, National Association v. Kulwinder Gill, Amarjit S. Gill 
Case #C180404
2019 WL 3017094

Quote from Judge Bergeron's opinion:

While the defendants-appellants challenge sundry aspects of the damage award in this case, at bottom, their appeal turns on the question of whether the plaintiff-appellee laid a proper foundation for the evidence establishing its award. The trial court admitted the evidence in question under the business-records exception to the hearsay rule, and our review of the record confirms the propriety of this decision. We therefore affirm the judgment of the trial court.

State of Ohio v. Jeffrey Cooper
Case #C180401
2019 WL 3006628

Quote from Judge Myers' opinion:

In this appeal, defendant-appellant Jeffrey Cooper raises four assignments of error challenging his conviction for felonious assault. Finding his assignments of error to be without merit, we affirm the trial court’s judgment. But because the trial court’s sentencing entry incorrectly reflects that Cooper was convicted of two counts of felonious assault, we remand the case for the trial court to issue a nunc pro tunc entry correcting the clerical error in the sentencing entry.

Scott Hasselbring v. Bonnie Bernard
Case #C180367
2019 WL 3017092

Quote from Judge Zayas' opinion:

Plaintiff-appellant Scott Hasselbring, appeals the May 31, 2018 judgment entry of the Hamilton County Court of Common Pleas, which granted summary judgment to his sister and defendant-appellee, Bonnie Bernard, the sole trustee of the “June Hasselbring Living Trust.” For the following reasons, we affirm.

State of Ohio v. Joseph Banks
Case #C180315
2019 WL 3004159

Quote from Judge Zayas' opinion:

This is an appeal from a sexual-predator classification under Ohio’s Megan’s Law, former R.C. Chapter 2950. Defendant-appellant Joseph Banks was not given proper notice of his sexual-offender-classification hearing pursuant to former R.C. 2950.09(B)(2) before he was classified as a sexual predator. We vacate the judgment of the trial court classifying Banks as a sexual predator and remand the matter for a new sexual-offender-classification hearing.

Jeffrey A. Reese v. Julie A. Reese
Case #C180077
2019 WL 3006627

Quote from Judge Crouse's opinion:

Plaintiff-appellant Jeffrey Reese (“Jeff”) appeals the Hamilton County Domestic Relations Court’s final entry issued on December 14, 2017, and the entry granting plaintiff’s “Motion for Relief with Findings of Fact and Conclusion of Law” entered on May 4, 2018.

In three assignments of error, Jeff argues that the trial court erred in granting his motion for relief from judgment based on mistake instead of fraud; the trial court improperly ordered him to pay a “distributive award” in the form of a lumpsum spousal-support payment; and the trial court erred when it found that defendantappellee Julie Reese (“Julie”) was not voluntarily underemployed and ordered Jeff to pay monthly child support.

There were several cases considered on the accelerated calendar and judgments were entered but no opinions issued. They are:

In re: D.K.H., L.Z.H., K.L.H., and Z.A.H.

In re: R.C

State of Ohio v. Ryan Kinnard 

In re: S.F.