Civil Procedure Cases

Civil Procedure

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Smith v. Avery — Fifth District affirms trust distribution to decedent’s heirs after all named beneficiaries died without issue

The Fifth District affirmed a probate court’s interpretation of the Robert H. Fox Revocable Living Trust, holding that when all named beneficiaries died intestate and without issue, the trust assets should be distributed to the settlor’s heirs under the trust’s residual provision rather than reverting to the trustee.

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Treen v. Treen — Third District affirms eviction of son from father’s land, finds informal arrangement created month-to-month tenancy

The Third District affirmed a forcible entry and detainer judgment, holding that a father-son arrangement where the son occupied a mobile home on the father’s land rent-free but paid utilities and property taxes created a landlord-tenant relationship and a month-to-month tenancy under Ohio law.

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Kenjoh Outdoor Advertising v. Eastlake — Eleventh District dismisses mandamus challenging billboard moratorium for failure to name proper party

The Eleventh District dismissed a mandamus petition challenging a city’s billboard moratorium, holding that the relator failed to name the building administrator (the individual with the duty to act) and that the city building department, as a non-sui juris entity, could not be a mandamus respondent.

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In re Haxton — Ninth District affirms removal of estate administrator, holds failure to object to magistrate’s decision forfeits appellate arguments

The Ninth District affirmed the removal of an ancillary estate administrator who had a conflict of interest, holding that his failure to file objections to the magistrate’s decision under Civ.R. 53(D)(3)(b)(iv) forfeited all appellate arguments except plain error, which he did not argue.

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