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Ohio

Ohio Court of Appeals (Eleventh District)
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Frank v. Allen — Eleventh District dismisses heirship appeal for lack of final appealable order

The Eleventh District sua sponte dismissed an appeal from a probate court’s partial summary judgment on heirship, holding that the order was not a final appealable order under R.C. 2505.02 because it resolved only one party’s rights while leaving other parties’ heirship determinations for further proceedings.

Ohio Court of Appeals (Eleventh District)
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Basel v. Schlarb — Eleventh District reverses concealment finding, holds R.C. 2109.50 applies only to assets owned at death

The Eleventh District reversed a finding of concealment of estate assets under R.C. 2109.50, holding that the statute applies only to property the decedent owned at the time of death, not to assets transferred during the decedent’s lifetime under a power of attorney.

Ohio Court of Appeals (Eleventh District)
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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.

Ohio Court of Appeals (Eleventh District)
Uncategorized

In re R.R. — Eleventh District affirms dismissal of abuse allegations against prospective adoptive parents of medically fragile infant

The Eleventh District affirmed the dismissal of abuse, neglect, and dependency allegations against prospective adoptive parents of an infant with multiple serious medical conditions, holding that the trial court properly excluded an expert witness for failure to comply with Civ.R. 26(B)(7)(c) and that the dismissal was supported by the manifest weight of the evidence.

Ohio Court of Appeals (Eleventh District)
Uncategorized

Whiting v. PetSmart — Eleventh District affirms summary judgment for PetSmart in cat grooming death case

The Eleventh District affirmed summary judgment for PetSmart after a cat died during a routine nail trimming, holding that the owners failed to present evidence of a wrongful act or negligence that caused the death and that emotional distress claims are barred for loss of personal property under Ohio law.

Ohio Court of Appeals (Eleventh District)
Uncategorized

State v. Noble — Eleventh District reverses sentence for violation of defendant’s right of allocution

The Eleventh District reversed and remanded for resentencing, holding that the trial court violated the defendant’s right of allocution by repeatedly interrupting her personal statement and preventing her from reading it herself, particularly where the court then penalized her perceived lack of remorse.

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