Case Loomis v. O’Neill Healthcare – Middleburg Heights, 2026-Ohio-2079 Court Ohio Court of Appeals, Eighth Appellate District Judge KATHLEEN ANN
Case Papp v. Cuyahoga County, 2026-Ohio-2078 Court Ohio Court of Appeals, Eighth District Judge SEAN C. GALLAGHER (elected 2002) Date
The Eighth District reversed and vacated two contempt findings, holding the trial court improperly charged a defendant with indirect contempt without providing the statutory notice and hearing required by R.C. 2705.03.
The Eighth District rejected an unclean hands defense in a tax foreclosure action, holding the property owner had available legal remedies and could not relitigate valuation in the foreclosure proceeding.
In a 2-1 decision, the Eighth District reversed a permanent custody grant, finding the juvenile court abused its discretion by denying a continuance when CCDCFS filed an amended case plan just six days before the hearing.
The Eighth District affirmed permanent custody of four children where the mother persistently denied that her partner sexually abused her older daughter and failed to complete case-plan objectives.
The Eighth District invalidated a nursing home arbitration agreement embedded within an admissions agreement, holding it failed to comply with R.C. 2711.23’s requirement for a standalone document with mandatory disclosures.
The Eighth District found a nursing home arbitration agreement unconscionable, with a notable concurrence arguing that courts should analyze contractual capacity as a threshold issue before reaching unconscionability.
The Eighth District affirmed a domestic-violence civil protection order including a firearms restriction, holding that repeated unauthorized home entries during parenting time constituted domestic violence.
The Eighth District reversed the trial court’s dismissal of a rape and kidnapping indictment for preindictment delay, holding that the defendant failed to establish actual prejudice from the 16-year gap between the offense and indictment despite the deaths of two potential witnesses.
The Eighth District affirmed summary judgment for the seller and real estate agent in a residential sale dispute, holding that Ohio’s caveat emptor doctrine barred fraud claims where the buyer purchased a 108-year-old home as-is with an inspection contingency.
The Eighth District reversed judgment on the pleadings for the City of Cleveland, holding that the discovery rule applies to the two-year statute of limitations for political subdivision tort claims and that immunity questions cannot be resolved on the pleadings when the relevant facts are in dispute.
The Eighth District reversed in part and remanded a summary judgment dismissing claims that nieces with power of attorney improperly changed a decedent’s life insurance beneficiary, finding res judicata did not bar claims that were not previously litigated on the merits.
The Eighth District affirmed summary judgment for Winking Lizard Tavern and Cintas on a slip-and-fall claim, finding the floor mat hazard was open and obvious and the plaintiff failed to demonstrate a genuine issue of material fact on the attendant-circumstances exception.
The Eighth District dismissed an appeal from summary judgment because the trial court’s order did not dispose of all parties and lacked the required Civ.R. 54(B) no-just-reason-for-delay language.