CASE DECISION LIST Court of Appeals, Eighth Appellate District Page: 1 of 7. March 13, 2014

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1 Court of Appeals, Eighth Appellate District Page: 1 of 7 March 13, COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO FORD MOTOR CREDIT COMPANY v SUDESH AGRAWAL Reversed and remanded. Frank D. Celebrezze, Jr., P.J., Larry A. Jones, Sr., J., and Eileen A. Gallagher, J., concur. KEY WORDS: The trial court did not err in certifying a class and subclass under Civ.R. 23(B)(3); a claim will meet the predominance requirement when there exists generalized evidence that proves or disproves an element on a simultaneous, class-wide basis, since such proof obviates the need to examine each class member s individual position; class certification is not appropriate on the request for actual damages under the Consumer Leasing Act; the class is maintainable under Civ.R. 23(B)(2). Class certification; individualized inquiries. Class certification is reversed and remanded based on recent decision in the Supreme Court of Ohio COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v WILLIAM H. CRAWLEY Affirmed in part, reversed in part, and remanded. Tim McCormack, J., Mary J. Boyle, A.J., and Eileen T. Gallagher, J., concur. KEY WORDS: Arson; R.C (A)(1); aggravated arson; R.C (A)(1) and (A)(2); sufficiency of the evidence; substantial risk of serious physical harm; knowingly; nontestimonial hearsay; Confrontation Clause; Evid.R. 803(6); business records; allied offenses; merger; multiple victims. There was sufficient evidence to demonstrate defendant-appellant knowingly created a substantial risk of serious physical harm to his supervisor. The admission of the company s fixed operations manager s testimony concerning the ownership and value of the loss suffered due to the fire was reliable, nontestimonial hearsay that qualifies as a business records exception and was not a violation of the Confrontation Clause. The different victims named in each arson count establishes a separate animus for each offense.

2 Court of Appeals, Eighth Appellate District Page: 2 of COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO FRANK NOVAK & SONS, INC. v A-TEAM, L.L.C., D.B.A. SERVICEMASTER Affirmed in part, reversed in part, and remanded. Mary J. Boyle, A.J., Eileen A. Gallagher, J., and Patricia Ann Blackmon, J., concur. KEY WORDS: Oral contract; contract formation; bench trial; definite terms; value of services; Ohio s Prompt Payment Act. Trial court s determination that the parties entered into an oral contract governing Loss 2 was supported by competent, credible evidence. The oral contract contained definite terms to be enforceable. Because general contractor never paid subcontractor, despite having received payment from owner, the trial court s finding of no violation of Ohio s Prompt Payment Act was against the manifest weight of the evidence COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO CARLETHA STINER v CRESCENT BANK & TRUST, ET AL. Patricia Ann Blackmon, J., Mary Eileen Kilbane, P.J., and Melody J. Stewart, J., concur. KEY WORDS: R.C (A); R.C ; Repossession of Vehicle. The trial court did not err by granting summary judgment in favor of the appellee because R.C (A) and R.C do not provide a remedy for appellant COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v LAWRENCE TOWNSEND Frank D. Celebrezze, Jr., P.J., Kathleen Ann Keough, J., and Eileen A. Gallagher, J., concur. KEY WORDS: Maximum sentence; aggravated assault; fourth-degree felony; prison sentence; R.C (A)(1); R.C ; R.C ; R.C The 18-month prison sentence imposed for a fourth-degree felony offense of violence was not clearly and convincingly contrary to law.

3 Court of Appeals, Eighth Appellate District Page: 3 of COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v DEAARON HARRIS Affirmed and remanded. Frank D. Celebrezze, Jr., P.J., Kathleen Ann Keough, J., and Patricia A. Blackmon, J., concur. KEY WORDS: Crim.R. 11; postrelease control; substantial compliance; nunc pro tunc; consecutive sentences; ineffective assistance of counsel; R.C (C); R.C (F); R.C The trial court substantially complied with the requirement that appellant be advised of postrelease control sanctions in accordance with Crim.R. 11; the trial court provided a proper notification of postrelease control at sentencing; the trial court made all the findings required under R.C (C) for the imposition of consecutive sentences; trial counsel provided adequate representation during the proceedings COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v VERONICA L. CARTER Convictions affirmed; remanded for resentencing. Frank D. Celebrezze, Jr., P.J., Kenneth A. Rocco, J., and Eileen T. Gallagher, J., concur. KEY WORDS: Manifest weight; aggravated arson; restitution; nunc pro tunc. Convictions for aggravated arson were not against the manifest weight of the evidence. Errors in the trial court s journal entries that conflicted with the verdicts in the case announced at the close of a bench trial did not create an error with respect to restitution to one of the victims. However, the errors in the entry do require remand for resentencing where the court imposed sentence on a merged offense COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v MAURICE JACKSON Mary J. Boyle, A.J., Larry A. Jones, Sr., J., and Mary Eileen Kilbane, J., concur. KEY WORDS: Untimely postconviction relief petition; R.C (A)(1); res judicata.

4 Court of Appeals, Eighth Appellate District Page: 4 of 7 (Case continued) Defendant s motion to vacate void judgment was construed an untimely postconviction relief petition. Trial court did not err when it denied defendant s petition as defendant did not meet the jurisdictional requirements to file an untimely petition under R.C (A)(1) COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO STATE OF OHIO v MATTHEW WARMUS Patricia Ann Blackmon, J., Frank D. Celebrezze, Jr., P.J., and Kathleen Ann Keough, J., concur. KEY WORDS: Res Judicata. Under the doctrine of res judicata, a final judgment of conviction bars the convicted defendant from raising and litigating in any proceeding, except an appeal from that judgment, any defense or claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on an appeal from that judgment COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v JARED RECOB Kathleen Ann Keough, P.J., Mary Eileen Kilbane, J., and Tim McCormack, J., concur. KEY WORDS: Allied offenses; plea agreement; stipulation. Trial court had no obligation to determine if offenses were allied and did not err in not merging offenses at sentencing where state and defendant stipulated at plea hearing that offenses to which defendant was pleading guilty were not allied offenses of similar import COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO ANTHONY TULETA, ET AL. v MEDICAL MUTUAL OF OHIO, ET AL. Patricia Ann Blackmon, J., Mary J. Boyle, A.J., and Eileen A. Gallagher, J., concur. KEY WORDS: Absolute Immunity.

5 Court of Appeals, Eighth Appellate District Page: 5 of 7 (Case continued) Absolute immunity has also been recognized as a defense for judges and other participants in the judicial process who have taken action necessary to the judicial process, even if the actions are done maliciously or in excess of the person s judicial authority, because the nature of the function involves controversy and the judicial officer must be able to act without having to consider the negative reaction of an opposing party COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v JESSE PRIM Frank D. Celebrezze, Jr., P.J., Kathleen Ann Keough, J., and Patricia A. Blackmon, J., concur. KEY WORDS: Postrelease control; void sentence; R.C (B)(g)(i)-(ii). Where a trial court fails to properly impose postrelease control, only the postrelease control sanction is void; the remainder of the sentence remains intact COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v RENO WOODARD Patricia Ann Blackmon, J., Mary Eileen Kilbane, P.J., and Melody J. Stewart, J., concur. KEY WORDS: Crim.R. 32(C); Valid Judgment Entry; Defective Indictment. The trial court s judgment entry was valid as the clerk s office stamped when it was received for filing and the docket shows it was journalized on the date time stamped. Because appellant failed to object to errors in the indictments and suffered no prejudice, he has waived the alleged error COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO ELIZABETH DEMARCO v ALLSTATE INSURANCE CO., ET AL. Larry A. Jones, Sr., P.J., Eileen A. Gallagher, J., and Mary Eileen Kilbane, J., concur. KEY WORDS: Protective order; attorney-client privilege; work-product privilege

6 Court of Appeals, Eighth Appellate District Page: 6 of 7 (Case continued) Where an insured files a claim and the insurance company opens a file for that claim, those materials are generated in the ordinary course of business and not in preparation for litigation. Those materials are not privileged for litigation purposes COMMON PLEAS COURT A CRIMINAL C.P. STATE OF OHIO v MARCUS BLALOCK Reversed and Remanded. Kathleen Ann Keough, J., Eileen A. Gallagher, J., concur. Frank D. Celebrezze, Jr., P.J., concurs in judgment only. KEY WORDS: Motion for leave to file motion for new trial; Crim.R. 33; unavoidable delay; res judicata. Trial court erred in denying defendant s motion for leave to file a motion for a new trial, or alternatively, petition for postconviction relief without a hearing. Because the affidavit attached to the defendant s motion demonstrated on its face that the defendant could not with due diligence have discovered the evidence within 120 days of the verdict, the trial court abused its discretion in ruling on the merits of the defendant s motion for a new trial without first having a hearing on the motion for leave. And because the record in the case raises lingering doubts about the validity of the defendant s conviction, the application of res judicata to his motion would work an injustice COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO BANK OF NEW YORK TRUST CO., NA v ROBERT A. CALDWELL, ET AL. Melody J. Stewart, J., Mary Eileen Kilbane, P.J., and Patricia Ann Blackmon, J., concur. KEY WORDS: Default judgment; motion for relief from judgment; Ohio Elections Commission; exclusive jurisdiction. Motion for relief from default judgment that raised alleged improprieties with elected judge s compliance with campaign laws was not a valid basis for seeking relief from judgment because the Ohio Elections Commission has exclusive jurisdiction to rule on questions of alleged campaign improprieties.

7 Court of Appeals, Eighth Appellate District Page: 7 of CLEVELAND MUNI. G CIVIL MUNI. & CITY BRIAN GOLDMAN v DANIELLA SINGLETON Sean C. Gallagher, P.J., Kenneth A. Rocco, J., and Eileen T. Gallagher, J., concur. KEY WORDS: insufficiency of process; presumption of regularity; record on appeal; Civ.R. 12(H). The decision of the trial court after a bench trial is affirmed because there is no evidence the appellant demonstrated, with relevant evidence, that service of process was insufficient, nor that she raised the affirmative defense in a timely manner SOUTH EUCLID MUNI. C CRIMINAL MUNI. & CITY CITY OF SOUTH EUCLID v CHERISSE WOOD Eileen A. Gallagher, J., Frank D. Celebrezze, Jr., P.J., and Kathleen Ann Keough, J., concur. KEY WORDS: Judgment affirmed; harborer; owner; animals running; unknown dog. The judgment of the trial court is affirmed; a minor defect in the charging instrument constitutes harmless error where the defendant is not unfairly prejudiced by the alleged defect COMMON PLEAS COURT E CIVIL C.P.-NOT JUV,DOM OR PRO HAKEEM SULTAANA v DRUMMOND FINANCIAL SERVICES, LLC. Frank D. Celebrezze, Jr., P.J., Kathleen Ann Keough, J., and Eileen A. Gallagher, J., concur. KEY WORDS: Arbitration; R.C ; stay pending arbitration; opt-out notice; failure to hold a hearing. The trial court did not err in granting an R.C (B) motion to stay proceedings pending arbitration without holding a hearing where evidence existed in the record that the arbitration clause covered the disputed matter and the plaintiff did not opt out of the provision.