The Third DCA reversed a final judgment in a partition action that assigned all attorney’s fees to one co-tenant, holding that section 64.081 requires fees to be apportioned between parties in proportion to their interests in the partitioned property.
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.
The Ninth District reversed in part a discovery order compelling disclosure of oil and gas drilling strategies, finding that the trial court failed to consider supplemental trade secret evidence and remanding for a protective order.
The Second District reversed the probate court’s denial of a Civ.R. 60(B) motion filed by an omitted heir, finding the heir had meritorious claims to real property that was transferred without listing him on the next-of-kin form.
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.
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.
The Tenth District reversed the trial court’s dismissal of claims arising from a blind trust arrangement for real estate lots, holding that the plaintiff adequately alleged the existence of a trust relationship regardless of whether Ohio specifically codifies “blind trusts.”
The Ninth District reversed summary judgment for a property owner in a sidewalk fall case, holding that the open-and-obvious doctrine does not override negligence per se based on a municipal ordinance requiring sidewalk maintenance, and that the plaintiff’s statement about tripping was admissible as an excited utterance.
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.
The Ninth District reversed in part a partition case, holding that the trial court erred in scheduling a bench trial when a valid jury demand had been filed, while affirming the denial of multiple continuance requests and the denial of leave to amend the complaint.