Estate of Murphy — Ohio appeals court upheld removal of estate fiduciary pending an appointment hearing
Case In the Matter of the Estate of David Russell Murphy aka David R. Murphy, Deceased Court Ohio Court of
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Breach of Contract
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Veritext v. Newman Law Group — Court affirms judgment for unpaid court reporting fees against law firm
The Second District affirmed a $50,748 judgment against a law firm for unpaid court-reporting services, holding the firm was primarily liable regardless of its clients’ separate agreement to pay.
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BND Rentals v. Gayhart — Court affirms summary judgment on equipment rental breach and attorney fees
The Second District affirmed summary judgment for an equipment rental company on breach of contract and upheld an award of attorney fees, holding that an equipment rental agreement is not a ‘contract of indebtedness’ under R.C. 1319.02.
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Gomm v. Kings Motors Group — Second District reverses CSPA judgment against used car dealer
The Second District reversed a small claims court judgment that found a used car dealer violated Ohio’s Consumer Sales Practices Act, holding the buyer failed to prove the dealer made affirmative misrepresentations about the vehicle’s condition.
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Talismanic Properties v. Cedar Grove HOA — Second District affirms Civ.R. 60(B) relief from cognovit judgment
The Second District affirmed the trial court’s grant of Civ.R. 60(B) relief from a cognovit judgment entered against a homeowners association, finding the HOA presented meritorious defenses including invalid promissory note, self-dealing, and bylaw violations.
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Worch Lumber v. Fetzer — Second District holds Home Construction Service Suppliers Act does not apply to lumber supplier
The Second District affirmed that Ohio’s Home Construction Service Suppliers Act (HCSSA) did not apply to a lumber company’s transaction with a homeowner because the company was a material supplier, not a “home construction service supplier” as defined by the statute.