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January 31st, 2007

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Appeal dismissed
- Bailment contract
- Domestic Relations - visitation - abuse of discretion
- Sexual predator
- Uninsured/underinsured motorist coverage
- Obstruction of official business
 

Ohio Supreme Court

 

Caldwell v. Petersburg Stone Co. (Jan. 31, 2007) (2007-Ohio-150)
-  http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-150.pdf
-  Appeal dismissed as improvidently accepted.
 

First District Court of Appeals

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*** Judgment Entries ***

Mabjish v. Squire, Sanders & Dempsey, et al.
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060127.pdf
-  Elias G. Mabjish, CPA, Inc. ("the corporation"), sued Lana
Mabjish ("Lana") and her divorce attorney, as well as the
attorney's law firm. The corporation's claims stemmed from the
padlocking of its offices in execution of a domestic relations court
judgment obtained by Lana against Elias G. Mabjish. Judgment AFFIRMED.

Brooks v. The BMW Store (Jan. 31, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060131.pdf
-  The BMW Store appeals the judgment in favor of Nathaniel Brooks, in
a suit for breach of a bailment contract. Accordingly, we sustain the
assignments of error and reverse the trial court's judgment in part.
Judgment is hereby entered in favor of BMW on Brooks's bailment claim.
We affirm the trial court's judgment in favor of Brooks on BMW's
counterclaim.

In Re:  Alicia Holloway (Jan. 31, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060191.pdf
-  Alicia Holloway's paternal grandmother and step-grandfather were
awarded legal custody of Alicia. Alicia's mother was granted
visitation rights that she did not exercise. Alicia's mother filed a
petition for custody and visitation. She later withdrew her petition for
custody, but requested that visitation be established. The court stated
that Alicia would not be forced to visit her mother. Alicia's mother
has appealed. Her sole assignment of error, alleging that the trial
court abused its discretion in leaving visitation to Alicia's wishes,
is overruled. Judgment AFFIRMED.

State v. Whitson (Jan. 31, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060193.pdf
-  The trial court found Whitson to be a sexual predator. Whitson's
first assignment of error, which alleges that R.C. Chapter 2950 violates
the constitutional prohibitions against ex post facto and retroactive
laws, is overruled on the authority of State v. Cook. Whitson's second
assignment of error alleges that the trial court's finding that he was
a sexual predator was against the manifest weight of the evidence.
Judgment AFFIRMED.

Cincinnati Esquire Insurance Co. v. Hoerlein (Jan. 31, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060291.pdf
-  Hoerlein notified CEIC of his father's death and made a claim for
UM/UIM benefits based on the Ohio Supreme Court's holdings in Sexton
v. State Farm Mut. Automobile Ins. Co. and Moore v. State Automobile
Ins. Co. Shortly thereafter, CEIC filed a complaint for declaratory
judgment, seeking a declaration that Hoerlein's father was not an
insured under the policy, and that Hoerlein was not entitled to UM/UIM
coverage for his father's death. Hoerlein filed a counterclaim seeking
a declaration that he was in fact entitled to UM/UIM coverage under the
policy. The trial court ultimately determined that Hoerlein was not
entitled to UM/UIM coverage under the policy because the legislature had
amended R.C. 3937.18 after Sexton and Moore to preclude UM/UIM coverage
when the person suffering death was not an insured under the policy.
Judgment AFFIRMED.

State v. List (Jan. 31, 2007)
-  http://www.hamilton-co.org/appealscourt/Decisions/C-060321.pdf
-  Denise List, appeals the judgment of the Hamilton County Municipal
Court convicting her of attempting to obstruct official business. List
now argues that her conviction was based on insufficient evidence.
Judgment AFFIRMED.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

 

No Opinions.
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

 

No Opinions.
 

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