Court Filings

The First District Court of Appeals affirmed the probate court’s denial of J.D.’s motion to expunge records of his 2018 involuntary-commitment. The court held that the probate court lacked statutory or inherent authority to expunge those civil commitment records, and that prior appellate decision in the same case prevented relitigation of the inherent-authority argument. The court also rejected J.D.’s statutory claims: the five-day hearing requirement in R.C. 5122.141 did not trigger mandatory expungement because a hearing occurred within the deadline, and R.C. 2953.32 governs criminal-conviction expungement, not civil commitment records.

The Ohio Court of Appeals affirmed the trial court’s grant of summary judgment for Xerion Advanced Battery Corp. and Northwoods Blvd., LLC and its denial of summary judgment for Certa Vandalia, LLC. The dispute concerned whether Northwoods’ late payment of a $2,000 cure fee allowed Certa to declare a default and terminate a purchase and sale agreement. The court concluded the contract was ambiguous about whether Certa had to give written notice before declaring a default for failure to pay the cure fee, and the parties’ prior conduct showed Certa had not consistently enforced strict, notice-free defaults. Because Certa failed to give the required notice, Northwoods did not materially breach and forfeiture would be inequitable.

The Court of Appeals reversed in part and affirmed in part the Darke County Common Pleas Court judgment in an administrative zoning appeal. The trial court had reversed the Board of Zoning Appeals as to Building A (finding it properly permitted) and affirmed as to Buildings B and C (finding they lacked agricultural exemptions). The appellate court held that the trial court abused its discretion regarding Building A — the record showed Surber obtained an agricultural exemption and obtained a refund of the commercial permit fee, voiding the permit — so the Board’s decision as to Building A is reinstated. The trial court’s findings about Buildings B and C were affirmed because their primary uses were nonagricultural.

The Second District Court of Appeals reversed the Montgomery County Common Pleas Court’s dismissal of Thomas Coddington’s complaint seeking return of equipment allegedly wrongfully withheld after his father’s death. The trial court had dismissed the case as time-barred by the probate creditor-claim statute, R.C. 2117.06. The appellate court held that Coddington’s allegation of ownership and wrongful withholding places his claim outside the probate presentment requirement, so the trial court erred to the extent it dismissed under R.C. 2117.06. The case is remanded for further proceedings, including consideration of other defenses the trial court did not address.

The Ohio Fifth District Court of Appeals affirmed a Massillon Municipal Court judgment awarding Mancan, Inc. damages, interest, and attorney fees after Al’s Auto Services defaulted by not timely answering a breach-of-contract complaint. Mancan provided a temporary employee who was hired by Al’s Auto within a 180-day prohibited period; Mancan sued and secured a magistrate’s default judgment after a hearing. Al’s Auto did not file objections to the magistrate’s decision and failed to include a hearing transcript on appeal, so the appellate court reviewed only for plain error and found none, affirming the judgment.

The Eighth District Court of Appeals reviewed a breach-of-contract suit in which SPM obtained judgment against guarantor Brinker after tenant Romano’s defaulted and vacated leased premises. The court reversed the trial court in part and remanded. It held that the lease did not expressly abrogate the landlord’s duty to mitigate damages, so mitigation was required as a matter of law once SPM retook possession. Because there are disputed facts about whether SPM made reasonable mitigation efforts, the case was sent back for a factfinder to determine mitigation and the correct damages. The court also remanded the unresolved attorney-disqualification motion for the trial court to decide on the merits.

The Ohio Eighth District Court of Appeals vacated a domestic-violence civil protection order (DVCPO) that a Cuyahoga County domestic-relations magistrate had entered against G.S. following a full hearing. The court reviewed the record and concluded the petitioner, R.S., failed to present sufficient, credible evidence by a preponderance that she was in danger of domestic violence. Because the appellate court found the evidence inadequate—R.S.’s uncorroborated testimony, impeachment by exhibits, and competing testimony and exhibits from G.S.—the DVCPO was vacated and the case remanded for notification that the order is no longer in effect.

The Cuyahoga County Probate Court appointed an independent, non‑interested attorney as successor trustee of the Gary L. Bryenton Declaration of Trust after the named successor declined and a proposed beneficiary appointment was disputed. Barbara Bryenton had filed a notice appointing herself and her daughter Elisabeth as co‑trustees, but the court struck that notice, found conflicts among beneficiaries (notably Susan’s allegations of bias), and, after a short hearing with no sworn evidence, appointed a neutral trustee. The appellate court affirmed, finding no abuse of discretion and that the probate court followed the statutory priority for filling trustee vacancies.

The Eighth District Court of Appeals affirmed the trial court’s dismissal of medical-malpractice claims against Dr. Faisal Quereshy. Plaintiffs had originally filed suit in May 2022 and obtained extensions to file a required affidavit of merit, but failed to timely produce one. After refiling in November 2023 and receiving another 90-day extension, plaintiffs again missed the deadline and later attempted to cure the defect by filing an amended complaint with an affidavit. The court held that Civ.R. 10(D)(2)’s strict extension limits control and plaintiffs’ late affidavit could not cure the deficiency, so dismissal was proper.

The Ohio Seventh District Court of Appeals affirmed the Belmont County Common Pleas Court’s grant of a civil stalking protection order (CSPO) sought by Petitioner D.F. against Respondent Melissa Starkey. The trial court found by a preponderance of the evidence that Starkey engaged in a pattern of conduct—social media posts, a threatening phone call to a bar owner, and related statements—that caused D.F. to reasonably believe Starkey would cause physical harm or mental distress. The appellate court held the evidence was legally sufficient, the trial court’s credibility findings were not against the manifest weight of the evidence, and the five-year duration was not an abuse of discretion.

The Seventh District Court of Appeals affirmed the trial court’s determinations that the Hendersons’ attempts to abandon severed mineral rights under Ohio’s Dormant Mineral Act were ineffective. Plaintiffs (heirs and assignees of John W. Means and Wolf Run II, LLC) sought declaratory judgment and quiet title to minerals under 160 acres. The court concluded the Hendersons failed to exercise reasonable diligence in locating mineral holders (they did not search Stark County records where holder addresses existed), so notice by publication was improper and abandonment failed. The court therefore affirmed quiet-title judgments for the plaintiffs and two defendant-holders (Means and Doxzen).

The court of appeals affirmed the municipal-court judgments awarding Asbury Woods Senior Apartments $659.23 for unpaid rent, late fees, and a utility payment after defendant Gloria Render objected to the magistrate’s decision. The court found: (1) the trial court lacked jurisdiction to consider Render’s post-judgment motion for reconsideration because the court’s March 28, 2025 judgment was final; (2) the trial court did not abuse its discretion in admitting a utility-transfer form despite Render’s claim the signature was forged, because the factfinder could compare signatures; and (3) Asbury’s damages claim was separate from the eviction claim, so dismissing the eviction did not require dismissal of the damages claim.

The Court of Appeals granted a writ of mandamus directing Cuyahoga Common Pleas Judge Kevin J. Kelley to follow this court’s prior mandate in JTC Solutions I. Relator JTC Solutions had argued the trial court failed to conduct the additional factfinding and explain the evidence supporting its ruling after this court reversed the trial court’s initial voiding of an arbitration clause. The appellate court found the January 5, 2026 entry granting arbitration ignored the express remand instructions to (1) inquire whether the arbitration clause is enforceable and applies to each claim and (2) state findings and evidence. The court denied the judge’s motion to dismiss and ordered compliance.

The Fifth District Court of Appeals affirmed the Canton Municipal Court's judgment granting DNW Properties possession of rental premises and denying tenant David Tucker a jury trial in a forcible entry and detainer action. DNW served termination notices and filed the eviction complaint; Tucker was served and filed a jury demand after the statutory deadline. The appellate court held that R.C. 1923.09(A) — which requires a jury demand on or before the return day of the summons in forcible entry and detainer proceedings — is constitutional and that Tucker waived his jury right by failing to timely demand it.

The Fourth District Court of Appeals affirmed the Adams County Court's February 5, 2025 judgment granting Joyce Mapes a forcible entry and detainer (eviction) against Ewing “Toby” Gibbs and denying Gibbs' counterclaim asserting ownership under a $45,000 land contract. Gibbs argued the county court lacked jurisdiction and the case should have been transferred to the common pleas court. The appellate court reviewed jurisdiction de novo, relied on statutes authorizing county courts to decide contract-based equitable remedies, and followed precedent holding such courts may adjudicate contract enforcement tied to a possession action, so no transfer was required.

The Fourth District Court of Appeals reviewed Husband Darrell L. Nichols Jr.’s appeal from a Pike County domestic relations judgment resolving competing post-divorce motions. The court overruled Husband’s challenges to the denial of a continuance and to alleged improper service, finding service at the 2060 Schuster Road address and Husband’s participation made the hearing proper. However, the court concluded the trial court exceeded its authority by revaluing and redistributing two specific vehicles (a 2007 Toyota Tacoma and a 2005 Subaru Impreza) after the original decree had ordered all listed vehicles sold and proceeds divided. The judgment is therefore reversed in part and remanded for further proceedings on those vehicles.

The Ohio Supreme Court reversed the Eighth District Court of Appeals and held that the City of Cleveland retained political-subdivision immunity for the drowning death of William Johnson at a city pool. The executor sued claiming the use of a low folding chair instead of an elevated lifeguard chair amounted to a “physical defect” on pool grounds under R.C. 2744.02(B)(4), which would remove immunity. The high court concluded that choosing one chair over another is not a tangible imperfection that impairs the function of pool grounds or equipment, so the statutory exception did not apply and summary judgment for the city must be entered.

The Tenth District Court of Appeals affirmed the Franklin County Court of Common Pleas' dismissal of Haneef Muhammad’s complaint against PNC Financial Services. Muhammad sued PNC for claims arising from a 2023 bank-branch incident. The trial court granted PNC’s Civ.R. 12(B)(6) motion, concluding res judicata barred the claims because Muhammad previously sued PNC in federal court and that court dismissed several claims for failure to state a claim. The appellate court found the federal dismissal on those claims to be an adjudication on the merits under Ohio precedent, so the state action was precluded and the trial court’s dismissal was proper.

The Seventh District Court of Appeals affirmed the Harrison County Court's judgment granting Cedar One Properties possession of rental premises after finding tenant Isis Rudolph breached her lease by failing to pay rent. Rudolph argued various due-process, bankruptcy-stay, and disability-accommodation defects, and contended the bankruptcy court's order lifting the automatic stay was void. The appellate court found many issues involved the federal bankruptcy proceeding (beyond its jurisdiction), noted Rudolph's briefing and record deficiencies (no trial transcript, App.R. violations), and concluded the eviction was authorized because the bankruptcy court had granted relief from the stay limited to pursuing eviction.

The Court of Appeals affirmed the trial court’s grant of summary judgment to defendants-appellees and denial of plaintiffs-appellants’ summary judgment in a foreclosure action. Plaintiffs had executed and recorded a quitclaim deed in 2020 conveying the property to defendants and later sued in 2024 claiming an oral land-sale contract and unpaid installments. The court held plaintiffs lacked standing to foreclose because they held no recorded mortgage or lien, and the deed’s recited consideration barred use of prior oral agreements under the parol evidence and merger-by-deed rules. The judgment dismissing the case was affirmed.

The Court of Appeals affirmed the Lake County Court of Common Pleas’ grant of summary judgment for defendant-attorney David Patterson in Bruce Arnoff’s legal malpractice suit. Arnoff alleged Patterson’s representation in his federal habeas proceedings breached professional duties and caused dismissal of his habeas petition. The appellate court held there were no genuine issues of material fact: Patterson owed a duty but Arnoff failed to produce expert proof of breach or causation, and the federal petition’s untimeliness preceded Patterson’s retention. The court also rejected claims of improper joinder, discovery abuse, denial of jury trial, and judicial bias.

The Court of Appeals affirmed the Butler County trial court's adoption of a magistrate's decision awarding Klein Engineering $233,554.95 in compensatory damages and $50,000 in punitive damages. Appellants (Thiemann) argued they were denied a fair trial because the magistrate issued its decision 15 months after a bench trial and the first day's proceedings were not recorded. The appellate court held Ohio civil and appellate rules provide remedies (recall witnesses, stipulations, affidavits, or an App.R. 9(C) statement) to reconstruct an unrecorded record, and Thiemann failed to use those procedures in the trial court, so remand or reversal was not warranted.

The Fifth District Court of Appeals reversed the trial court and held that Mid-Ohio Coal Company no longer owns the mineral rights beneath a 35-acre tract owned by Doris and Robert Williams. The court found that a 1954 quiet-title default judgment that awarded full fee title (including minerals) to the Williamses’ predecessors is binding on Mid-Ohio because Mid-Ohio succeeded to the same mineral interest as the party named in the 1954 suit. An 1891 indexing error in the county recorder’s office prevented discovery of the chain of title, so a diligent 1954 search would have shown Wheeling & Lake Erie Coal Company as record owner and thus the default judgment binds Mid-Ohio by privity.

The Third District Court of Appeals affirmed the Defiance County Common Pleas Court’s denial of the Latin American Club of Defiance, Ohio’s motion for relief from an August 16, 2022 default judgment under Ohio Civil Rule 60(B). The LAC argued the judgment should be vacated because the plaintiff secured the default through misconduct and inadequate service after the club had been dormant and its corporate charter cancelled. The appeals court held the trial court reasonably found service by publication appropriate, that the LAC failed to show extraordinary fraud on the court or timely fraud against a party, and therefore did not meet the requirements for relief under the governing Rule 60(B) standards.

The Ohio Court of Appeals vacated a trial-court default judgment and receivership appointment entered against Janiene Johnson in a public-nuisance action brought by Community Gain. The court found that the affidavit supporting Community Gain’s request for service by publication did not identify the efforts taken to locate Johnson or show her address could not be ascertained with reasonable diligence, as required by Civ.R. 4.4 and R.C. 2703.14. Because service by publication was therefore improper, the trial court lacked jurisdiction and the default judgment is void; the matter is remanded for further proceedings.

The Court of Appeals affirmed the trial court’s grant of summary judgment for defendant John A. Marre in a foreclosure/lien dispute brought by plaintiff John D. Allen. Allen claimed Marre agreed to pay him $365,000 and filed a UCC financing statement and lien when payment was not made. Marre submitted an affidavit and exhibits showing there was no enforceable contract or security interest, and Allen did not respond to the motion for summary judgment. The appellate court concluded no genuine issue of material fact existed and Marre was entitled to judgment as a matter of law.

The Eighth District Court of Appeals affirmed the trial court’s denial of MAZCleveland and third-party defendant Steven Morris’s renewed motion for sanctions against defendant Sherry Hall under Ohio Rev. Code 2323.51. The appellants sought sanctions claiming Hall’s claims were frivolous and filed to harass, but the trial court determined the renewed motion merely restated previously-decided claims resolved by an agreed judgment. The appellate court found no abuse of discretion: winning on the merits does not by itself prove frivolousness, the statutory standard requires egregious conduct, and the trial court had sufficient familiarity with the prior proceedings to deny a hearing.

The Eighth District Court of Appeals affirmed the trial court’s default judgment against defendant-appellant Armand DiNardo in a dispute over lead-hazard remediation costs following Lofty Holding’s purchase of real property. Lofty served DiNardo by certified mail (returned unclaimed) and then by ordinary mail to a Kenwood Drive address; the clerk’s docket reflected ordinary-mail service and no return showing failure. The trial court held hearings and afforded DiNardo multiple chances to respond; DiNardo failed to appear or rebut service with convincing evidence. The appeals court held service was proper and the default judgment was valid.

The Eighth District Court of Appeals reversed the trial court and remanded with instructions to enter judgment for defendant-appellant J.P.S. Properties Diversified, Inc. The dispute involved whether a deed use restriction barred an Amazon fulfillment center and whether that restriction was enforceable. A prior appellate decision (Jay Realty I) had already concluded the trial court erred in granting summary judgment to Jay Realty and that the restriction was enforceable and ran with the land. The trial court improperly reinstated its prior summary-judgment entry contrary to the appellate mandate; the appeals court ordered entry of judgment for JPS because no claims remained pending after the earlier opinion.

The Ohio Eighth District Court of Appeals affirmed the trial court’s grant of summary judgment for Apex Security Group, Inc. in a negligence suit by pro se plaintiff Joshua Bradley, Sr., who was punched at a Cleveland Browns game. The court concluded Apex did not owe Bradley a duty to prevent the unforeseeable assault under the contract and Ohio law governing private security duties, and Bradley failed to show a genuine issue of material fact. The court also rejected Bradley’s procedural and bias claims, found no abuse in evidence rulings or refusal to grant default judgment, and affirmed the judgment for Apex.