Court Filings

The Ohio Court of Appeals affirmed the Franklin County trial court’s grant of summary judgment to BMI Federal Credit Union and its award of attorney fees after Carl Medley sued over the repossession and sale of his Audi. The trial court found Medley’s claims—fraud, waiver based on prior acceptance of late payments, emotional distress, and punitive damages—unsupported by admissible evidence, and granted BMI its deficiency, fees, and costs. The appellate court agreed that the loan’s anti-waiver language allowed BMI to accept late payments without forfeiting its rights, that BMI validly repossessed and sold the vehicle, and that Medley failed to rebut BMI’s evidence.

The Seventh District Court of Appeals affirmed a municipal-court judgment awarding William R. Meek $4,160 against Gino Collins for an incomplete fence installation and return of materials. Collins appealed pro se arguing the damages award lacked competent proof and was against the weight of the evidence. The appeals court held Collins failed to provide a transcript or an approved substitute of the bench hearing, so the court could not review the factual record and must presume the trial court acted properly. For that reason the appellate court affirmed the judgment.

The Seventh District Court of Appeals affirmed the municipal court’s rulings that tenants Nedra Bloor and Wayne Reed could deposit rent with the clerk and that the escrowed rent should not be released to landlord Alan Barnes. The tenants had notified Barnes of multiple repair issues (roof leaks, mold, loose fixtures, exposed wiring, floor problems) and deposited rent after giving notice. The trial court found the tenants were current on rent when they initiated escrow and that Barnes failed to remedy the conditions. The appeals court upheld the credibility findings and applied Ohio landlord-tenant statutes to affirm the return of the escrowed funds to the tenants.

The Appellate Division, First Department affirmed the Supreme Court's denial of plaintiff Moises Ramirez's motion for partial summary judgment on a Labor Law § 240(1) claim against 2500 Webb LLC. The court found that genuine issues of fact remained about which object struck the plaintiff (horizontal versus vertical pipe/post), whether that object was a target of disassembly when the injury occurred, and whether a safety device was available that would have prevented the accident. Because these disputed facts are material to liability under Labor Law § 240(1), summary judgment was properly denied.

The First Department unanimously affirmed Supreme Court's order dismissing Yolanda Murray's complaint against Planned Parenthood as time-barred and for failure to state a viable claim. The court held Murray's claims arising from alleged 1996 misconduct did not fall within the Adult Survivors Act because the complaint did not allege criminal conduct enumerated by that statute, and the Child Victims Act revival window had already closed. The court also found that, even on the merits, Murray failed to plead facts showing Planned Parenthood's knowledge of the provider's dangerous propensities, control over the local affiliate, or any valid alter-ego theory, and there was no evidence of judicial bias.

The Appellate Division, First Department affirmed the trial court's grant of summary judgment dismissing Harvey's personal-injury complaint arising from a May 2020 motor vehicle accident. Defendants (the New York Foundling Hospital and others) presented expert reports and MRI comparisons showing plaintiff's cervical, lumbar, and right-shoulder conditions were preexisting, chronic, and degenerative from a prior March 30, 2019 crash, not caused by the 2020 accident. The court held plaintiff's expert failed to meaningfully dispute the prior-accident causation, so she could not meet the statutory threshold for a serious injury under Insurance Law § 5102(d).

The Appellate Division, First Department affirmed a lower court order denying the insurer Mountain Valley Indemnity Company's summary judgment motion to dismiss an insureds' fire-damage complaint. The insurer argued the dwelling was a three-family property (allowing a coverage disclaimer) based on the basement configuration, while the insureds said it was two-family and the basement was shared family space. The court found disputed facts about the basement's physical separation, usage, and the investigator's qualifications, so summary judgment was improper and the case must proceed.

The Fifth District Court of Appeal affirmed the trial court's decision in a dispute between the Florida Insurance Guaranty Association (appellant) and A & B Verma Family, LLC (appellee). The appeal arose from a Volusia County circuit court ruling; the appellate panel issued a brief per curiam opinion affirming the lower court's judgment without published opinion. All three judges concurred. The mandate notes that the decision is not final until any timely post-judgment motions under Florida appellate rules are resolved.

The Fifth District Court of Appeal affirmed a nonfinal trial-court ruling in a case where Alan G. Williams, individually and as personal representative of an estate, appealed against Pace Island Owners Association, Inc. The appellate court issued a per curiam opinion on April 28, 2026, simply stating AFFIRMED without published opinion or extended reasoning. The panel of judges (Jay, C.J., Edwards, and Harris, JJ.) concurred, and the judgment is nonfinal pending any timely authorized post-decision motions under Florida appellate rules.

The Sixth District Court of Appeal affirmed a lower-court decision in a foreclosure-related appeal brought by Suzanne De Lisi against The Bank of New York Mellon (as trustee). The appellate court issued a short per curiam opinion stating simply "AFFIRMED," with all three judges concurring. No reasoning, factual background, or legal analysis appears in the published entry; the decision confirms the county court's ruling against the appellant and preserves the lower court's result.

The Sixth District Court of Appeal affirmed the trial court's judgment in a consolidated appeal (6D2023-3209 and 6D2023-3444) brought by John Daniel Smith against attorneys Kenneth E. Kemp II, Elizabeth Claire Bentley, and the law firm Patrone, Kemp & Bentley, P.A. The opinion is per curiam, dated April 28, 2026, and contains no published reasoning beyond the single-word disposition "AFFIRMED." The panel (Nardella, White, and Smith JJ.) concurred, and counsel for the parties are listed.

The Sixth District Court of Appeal reviewed two consolidated appeals from a circuit court order in Osceola County. The appellants, Shawn Michael Simmerer and Charlee McPherson, appearing pro se, sought reversal of the lower court's decision. The appellate court, in a brief per curiam opinion, affirmed the trial court's ruling without published opinion or extended discussion. The panel (Stargel, White, and Brownlee, JJ.) concurred and the opinion notes the time for filing a motion for rehearing has not yet expired.

The Sixth District Court of Appeal affirmed the lower court's judgment in a civil case brought by Robert Lee King, Jr. against Mark S. Brown, M.D., Premier Men's Medical Center of Orlando, LLC, and OPS International, Inc. d/b/a Olympia Pharmaceuticals. The appellate court issued a short per curiam opinion, noting only the affirmance without elaboration. The decision means the trial court's ruling stands and the appellant's grounds for reversal were rejected by the appellate panel. No further reasoning or factual findings are provided in the published entry.

The Sixth District Court of Appeal reviewed an appeal from the County Court for Orange County in a case brought by Kayla Williams against Darius S. Dantzler. The appellate court, in a per curiam decision dated April 28, 2026, affirmed the lower court's judgment. No published opinion or reasoning is provided in the decision sheet; the court's brief entry simply states the judgment is affirmed and notes the time to file a motion for rehearing has not yet expired.

The Sixth District Court of Appeal reviewed an appeal by Emily L. Tanner from a Lee County circuit court decision. The appellate court issued a short per curiam decision on April 28, 2026, simply stating the judgment is AFFIRMED. The opinion contains no published reasoning beyond the affirmance and notes concurrence by the three judges. Counsel appearances are listed for appellant and some appellees, while two corporate appellees made no appearance.

The Court of Appeal affirmed a trial-court order exonerating a $180,000 bail bond conditioned on payment of extradition costs and later awarding $7,492.40 in extradition expenses to the district attorney. North River (the surety) argued the bond could not be exonerated because the defendant was not physically present when the court acted and that the court lost jurisdiction to order extradition costs. The court held the defendant’s appearance by counsel under Penal Code section 977 satisfied the requirement in section 1305(c)(1) to exonerate the bond, and the court properly ordered extradition costs under section 1306(b).

The Court of Appeal affirmed the trial court’s grant of summary judgment for Southern California Permanente Medical Group (SCPMG) in a negligence suit after a bicyclist was struck by SCPMG employee Dr. Brittany Doremus while she was driving to work. The court held SCPMG met its initial burden by submitting uncontradicted deposition evidence that Doremus was on an ordinary morning commute and not performing work when the collision occurred, shifting the burden to the plaintiff, who failed to produce admissible evidence creating a triable issue. The court rejected the plaintiff’s argument that occasional work-from-home status converted home into a second worksite on the day of the accident.

The Court of Appeals affirmed the Mason Municipal Court's dismissal of Mirkomil Noziljon's small-claims suit against dentist Doktor Hasan seeking a $5,000 refund. After a bench trial before a magistrate, the court found credible testimony and a billing/credit receipt showing a $5,000 refund had been processed to a credit card provided at the office. The magistrate acknowledged a name discrepancy on the receipt but concluded Noziljon failed to meet his burden. The appellate court held the trial court did not abuse its discretion in refusing post-trial evidence and that the judgment was not against the weight of the evidence.

The Twelfth District Court of Appeals affirmed the trial court's decision denying Gregory Myers a court-ordered certificate of title for a 1970 Chevrolet Nova. Myers had sought title after buying property at a sheriff's sale where the car had been stored, but the trial court found he did not acquire the vehicle by operation of law under R.C. 4505.10. The court concluded title remained with the decedent, Elvin Potter, and that disputes over ownership of the decedent's personal property are for the probate court. The appellate court affirmed dismissal of Myers' petition with prejudice.

The Ohio Court of Appeals affirmed the trial court's grant of summary judgment for the defendants in a premises-liability suit. Appellant Irene Wunderle sued after falling stepping into a boutique and suffering serious eye injuries, claiming the threshold had an indistinct step down that was not open and obvious. The court found no genuine dispute of material fact: the step was small but visible, the store was well-lit, nothing obstructed her view, and no unusual attendant circumstances existed to distract her. Because the condition was open and obvious, the owners owed no duty to warn.

The Court of Appeals affirmed the trial court's dismissal of Dennis Tilton's filing titled a "Complaint and Intent to File Petition for Post-Conviction Relief". Tilton had been convicted in Willoughby Municipal Court and later filed his postconviction claim in the Lake County Court of Common Pleas. The appeals court held the common pleas court lacked jurisdiction because Ohio law requires R.C. 2953.21 petitions be filed in the sentencing court (the municipal court). Citing Ohio precedent, the court concluded municipal-court misdemeanants must seek relief through other procedures in the sentencing court, so dismissal was proper.

The Court of Appeals affirmed the Trumbull County Common Pleas judgment ordering the condominium association and unit-owner defendants to specifically perform a 2014 settlement agreement requiring stabilization and restorative work on a shared wall. The trial court had granted plaintiff Owen summary judgment on enforceability after finding no competent evidence that the agreement was mutually rescinded or impossible to perform. The court limited Owen’s liability to her original pro rata share of estimated 2014 costs and denied attorney fees. The appeals court found no error in granting specific performance.

The court affirmed the municipal small-claims judgment for defendant Jenna Nelson after a bench trial. Plaintiff Stephanie Milton sued Nelson for breach of contract and civil damages under Ohio cruelty statutes, alleging her adopted mustang lost significant weight and training while boarded with Nelson. The trial court found insufficient evidence that Nelson failed to provide proper nourishment or training, and the appellate court held that the trial court did not lose its way in weighing testimony and evidence. The court also rejected Milton’s claim that the case should have been moved off the small-claims docket, noting Milton chose that forum and sought only $6,000.

The Florida First District Court of Appeal reviewed an appeal brought by Yonbloksis Young against Ontarya Allen-Johnson, personal representative of an estate. The court issued a short per curiam decision affirming the lower court's ruling. No opinion explaining the reasons was published in the decision; the judgment of the circuit court for Escambia County is left intact. The decision is final subject to any timely, authorized rehearing motions under Florida appellate rules.

The Florida First District Court of Appeal reviewed an appeal by Foziah Alawi from a decision of the Office of the Judges of Compensation Claims concerning a workplace injury claim dated June 7, 2023. The appellate court, in a brief per curiam opinion, affirmed the lower tribunal’s ruling. No extended opinion or new legal analysis is provided in the published entry; the court simply affirmed the underlying decision and noted concurrence by the three-judge panel.

The Court of Appeal affirmed the trial court’s denial of the district’s anti‑SLAPP motion. The Yolo‑Solano Air Quality Management District sued Diamond D General Engineering and Spencer Defty for alleged permitting and air‑quality violations. Diamond and Defty cross‑complained seeking declaratory and injunctive relief, alleging the district relied on a secret internal policy (Policy 24) not adopted through required rulemaking. The appellate court held the cross‑complaint challenged the validity of Policy 24 rather than merely the district’s investigative or enforcement acts, so the claims did not arise from protected petitioning or speech and the anti‑SLAPP motion failed.

The Georgia Court of Appeals affirmed the superior court and City of Tucker in denying Cox Store Management’s application for a license to operate coin-operated amusement machines (COAMs) at its Idlewood convenience store. The City’s 2022 COAM ordinance bars COAMs within the distance limits that apply to alcohol sales; the store is 80.2 yards from a nearby church. The court held that the enabling statute allows municipalities to impose distance restrictions for COAMs no more restrictive than those for alcohol sales, and that the ordinance’s application to Cox was therefore lawful regardless of the types of alcoholic beverages Cox sells.

The First District Court of Appeals affirmed the trial court’s grant of summary judgment for UC Health, LLC in Danielle Drake’s wrongful-termination suit. Drake, an at-will social worker, was fired after she accessed a patient’s protected health information (PHI) without a legitimate business reason while attempting to report a coworker’s suspected HIPAA violation. The court held that UC had an overriding legitimate business justification—enforcement of its strict policy forbidding unauthorized PHI access—and Drake failed to show that termination was pretextual.

The Ohio Court of Appeals affirmed a trial court default judgment in favor of Pheasant Ridge Association, Inc. in its foreclosure action against property owner Jeremy Harper for unpaid association assessments. Harper, who was served with the complaint, failed to file an answer or otherwise respond; the Association moved for default judgment and submitted an affidavit of account, its declaration, and its certificate of lien. The appellate court held the trial court did not abuse its discretion in granting default judgment because Harper forfeited defenses by failing to respond and provided no evidence to dispute the Association’s proofs.

The Appellate Division, Fourth Department affirmed Supreme Court’s grant of summary judgment dismissing plaintiff’s dental malpractice complaint against the Deol defendants. Plaintiff sued for injuries from root canals performed by an endodontist, Dr. Taggar, who practiced at premises operated by the Deol defendants. The court concluded Taggar was an independent contractor, not an employee, and the Deol defendants neither controlled his professional work nor actually supervised him, so they are not vicariously or directly liable. Plaintiff’s opposition lacked admissible evidence to create a triable issue of fact.