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Decision Date

May 25, 2010
MERIT DECISION WITH OPINION... Consent decree in which Appraisal Research Corporation, Sue Maag, and Richard H. Hoffman are enjoined from acts constituting the practice of law is approved... Pfeifer, Lundberg Stratton, O'Connor, O'Donnell, Lanzinger, and Cupp, JJ., concur... Brown, C.J., not participating...  
May 25, 2010
{¶ 1} Civ.R. 15(D) provides that when a plaintiff does not know the name of a defendant, the defendant may be designated in a complaint by any name and description. It also provides, however, that a plaintiff must aver in the complaint that the name of the defendant could not be discovered, that the summons issued contain the words "name unknown," and that a copy of the summons be personally served on the defendant... {¶ 2} Civ.R. 15(D) cannot be used to prosecute this action...  
May 25, 2010
{¶ 1} Pursuant to Gov.Bar R. VII(5b), the Board on the Unauthorized Practice of Law has recommended our approval of a consent decree proposed by relator, Ohio State Bar Association, and respondents, Appraisal Research Corporation ("ARC"), Sue Maag, and Richard H. Hoffman. We accept the... ... ... board's recommendation and approve the proposed consent decree submitted by the parties as follows:... {¶ 2} "1. Respondent, ARC provides appraisal services to counties throughout...  
May 25, 2010
{¶ 1} Respondent, Andrew C. Lockshin of Fremont, Ohio, Attorney Registration No. 0075708, was admitted to the practice of law in Ohio in 2002. The Board of Commissioners on Grievances and Discipline recommends that we suspend respondent's license to practice indefinitely based upon its findings that he committed multiple violations of the Code of Professional Responsibility and... ... ... Rules of Professional Conduct by engaging in a pattern of inappropriate sexual communication and...  
May 25, 2010
{¶1} Plaintiff-appellant, Amy K. Sanders, appeals from an order of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Ryan Fridd. Because the trial court failed to apply the correct legal standard in granting appellee's motion for summary judgment, we reverse... {¶2} Appellant worked at Premierfirst Banc as a loan processor. Appellee was appellant's immediate supervisor at Premierfirst Banc. On February 26, 2006, both appellant and...  
May 25, 2010
{¶1} Appellant, the Morrow County District Board of Health ("Board"), appeals from a final order of the Environmental Review Appeals Commission ("ERAC") that: (1) vacated the Board's denial of the request to transfer the construction and demolition debris facility license from Washington Environmental Ltd. ("WEL") to appellee, Washington Environmental Services, LLC ("WES"), and (2) remanded the matter to the Board with instructions to grant the license...  
May 25, 2010
{¶1} Plaintiff-appellant, Brian McKinney, appeals from a judgment of the Court of Claims of Ohio granting summary judgment in favor of defendant-appellee, Ohio Department of Rehabilitation and Correction ("ODRC"). For the following reasons, we affirm that judgment... {¶2} In March 1998, appellant was convicted of complicity to commit involuntary manslaughter in the Fairfield County Court of Common Pleas ("the trial court"), following a... ... ... no contest plea. The...  
May 25, 2010
{¶1} Plaintiff-appellant, Star Seal of Ohio, Inc. ("appellant"), filed this appeal seeking reversal of a judgment by the Franklin County Court of Common Pleas granting a motion to dismiss for lack of personal jurisdiction filed by defendants-appellees, Tri State Pavement Supplies ("Tri State"), Joseph A. Zulisky, and Timothy Michael Laurer (collectively, "appellees")... {¶2} Appellant is a company based in Franklin County which is engaged in the business of...  
May 25, 2010
{¶1} Plaintiff-appellant, Willye M. Mason, appeals from a judgment of the Franklin County Court of Common Pleas dismissing her complaint against defendants-appellees, Tom Bowman, Bowman-Sergakis Agency, and Nationwide Mutual Insurance Company (collectively referred to as "appellees"). Because the trial court properly concluded that the four-year statute of limitations set forth in R.C. 2305.09(D) barred appellant's negligence claim, we affirm that judgment... ... ... {¶2} On...  
May 24, 2010
{¶1} Appellant, Dorothy Colon, appeals the August 17, 2009 Judgment Entry of the Stark County Court of Common Pleas that overruled her motion to dismiss for the state's failure to comply with her speedy trial rights as guaranteed by R.C. 2941.401... STATEMENT OF THE FACTS AND CASE... {¶2} On October 9, 2008, appellant used the identity of another individual as her own and without that person's consent to secure a loan. As a result, appellant was charged with identity fraud and...  
May 24, 2010
{¶1} Appellant Myron Nash appeals three judgment entries entered by the Stark County Court of Common Pleas denying his various motions to reimburse monies ordered forfeited to Appellee State of Ohio... STATEMENT OF THE CASES... Case Number 2009-CA-00272... {¶2} On August 5, 2007, the Canton City Police Department seized $6,030.00 in U.S. currency following the arrest of Appellant Myron Nash... {¶3} On February 8, 2008, the State of Ohio filed a complaint for forfeiture of the...  
May 24, 2010
{¶ 1} This is an appeal from a Washington County Common Pleas Court judgment that enforced a divorce decree provision that spousal support would terminate upon cohabitation. The court ordered Janet Dyrdek (nka McFerren), plaintiff below and appellant herein, to reimburse her former husband, Michael Dyrdek, defendant below and appellee herein, $17,056.90 in past spousal support payments... {¶ 2} Appellant raises the following assignments of error for review:... ... ... FIRST ASSIGNMENT...  
May 24, 2010
{¶1} On April 11, 2009, Canton City Police Officers Todd Gillilan and Michael Carpenter responded to a call regarding an altercation with a possible weapon involved. Upon arriving on the scene, the officers made contact with two individuals in a vehicle. The passenger, appellant herein, Jamahl Williamson, exited the vehicle and informed the officers that he had a weapon, it was underneath the passenger seat, and he had a valid concealed carry permit for the weapon. Appellant was patted...  
May 24, 2010
{¶ 1} Relator, James Pesci, complains that respondent judge has not disposed of the motions to vacate void sentence which he filed in the underlying cases State v. Pesci, Cuyahoga Cty. Court of Common Pleas Case Nos. CR-364562, 370751 and 370752. On March 12, 2010, respondent did, however, issue a journal entry in each of the underlying cases which stated: "Defendant's motion to vacate void sentence is denied. Defendant's sentence has been served, the case is over no post release...  
May 24, 2010
MOTION AND PROCEDURAL RULING... On February 10, 2010, this court found Delores M. Karnofel to be a vexatious litigator under S.Ct.Prac.R. 14.5(B). This court further ordered that Karnofel was prohibited from continuing or instituting legal proceedings in this court without first obtaining leave. On May 17, 2010, Karnofel submitted a motion for leave to proceed and a motion for reconsideration. Upon review of the proffered documents the court finds them without merit. Accordingly,... It is...  
May 24, 2010
MOTION AND PROCEDURAL RULING... Hamilton C.P. No. B9703305. By entry filed November 4, 2009, this court ordered that appellant's sentence be carried into execution on Thursday, June 10, 2010. In order to facilitate this court's timely consideration of any matters relating to the execution of appellant's sentence,... It is ordered by the court that the Chief Justice may suspend application of any provisions of the Rules of Practice of the Supreme Court, including, but not limited to, the filing...  
May 24, 2010
MOTION AND PROCEDURAL RULING... Hamilton C.P. No. B0901629. This cause is pending before the court as a death penalty appeal from the Court of Common Pleas for Hamilton County. Upon consideration of appellant's motion for stay of execution scheduled for September 30, 2010,... It is ordered by the court that the motion is granted pending final disposition of this appeal...  
May 24, 2010
DISCIPLINARY CASE... This cause came on for further consideration upon the filing on September 3, 2009, of a petition for reinstatement by respondent, James Cornell Young, Attorney Registration No. 0034227. In accordance with Gov.Bar R. V(10)(F), respondent's petition for reinstatement was referred to the Board of Commissioners on Grievances and Discipline. The board filed its final report in this court on February 19, 2010, recommending that respondent be denied reinstatement to the practice...  
May 24, 2010
DISCIPLINARY CASE... On April 21, 2010, and pursuant to Gov.Bar R. V(5)(A)(3), the secretary of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio certified to the Supreme Court a certified copy of a judgment entry of a felony conviction against James Jonathan Whitfield, an attorney licensed to practice law in the state of Ohio... Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is ordered and decreed that James Jonathan Whitfield, Attorney...  
May 24, 2010
DISCIPLINARY CASE... On April 21, 2010, and pursuant to Gov.Bar R. V(5)(A)(3), the secretary of the Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio certified to the Supreme Court a certified copy of a judgment entry of a felony conviction against Bruce Alan Zaccagnini, an attorney licensed to practice law in the state of Ohio... Upon consideration thereof and pursuant to Gov.Bar R. V(5)(A)(4), it is ordered and decreed that Bruce Alan Zaccagnini, Attorney...