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Case Caption | Case No. | Topics and Issues | Author | Citation / County | Decided | Posted | WebCite |
State v. Roberts
| 23 BE 0031 | aggravated possession of drugs; no ineffective assistance of counsel; trial court made statutorily-required consecutive sentencing findings | Hanni | Belmont |
5/3/2024
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5/8/2024
| 2024-Ohio-1772 |
In re P.M.K.
| 24 MA 0019 | upholding probate court’s denial of adoption petition filed by custodial maternal grandparents; petition contested by mother; R.C. 3107.161 burdens, best interest factors, and least detrimental available alternative. | Robb | Mahoning |
5/2/2024
|
5/8/2024
| 2024-Ohio-1770 |
State v. Easterly
| 23 MA 0044 | REOPENING – App.R. 26(B); ineffective assistance of appellate counsel; untimely pro se application to reopen direct appeal; Appellant’s application was not filed within the 90-day time requirement pursuant to App.R. 26(B)(1) and (2)(b); Appellant fails to establish good cause for the delay; even assuming that Appellant had complied with the requirements of App.R. 26(B)(1) and (2)(b), he fails to meet the standard for reopening this appeal pursuant to Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052 (1984); Appellant fails to establish that he was denied the effective assistance of counsel on appeal; application denied. | Per Curiam | Mahoning |
5/2/2024
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5/8/2024
| 2024-Ohio-1771 |
State v. Adams
| 13 MA 0130 | App.R. 26; application for reopening; timeliness; good cause; lengthy delay; reliance on attorney as to time for filing | Per Curiam | Mahoning |
4/26/2024
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4/29/2024
| 2024-Ohio-1630 |
Valentine v. Stephen
| 23 JE 0022 | limited liability company members; no pro se representation by LLC members on appeal;separate entity; standing; R.C. 1925.17, small claims | Hanni | Jefferson |
4/26/2024
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4/29/2024
| 2024-Ohio-1631 |
Patterson v. D'Apolito
| 24 MA 0021 | mandamus; Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted; peremptory writ of mandamus; R.C. 2731.04 procedural requirements; failure to caption her petition in the name of the state on the relation of the person applying; scope of authority under R.C. 2731.03; negligence; breach of duty; constitutional violations; intentional infliction of emotional distress; breach of contract; discovery requests; statute of limitations; political subdivision immunity under R.C. Chapter 2744; summary judgment; default judgment; sui juris; fraudulent concealment; continuing violations; motion for leave to file; judicial discretion; R.C. 2731.05; adequate remedy in the ordinary course of the law | Per Curiam | Mahoning |
4/26/2024
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4/29/2024
| 2024-Ohio-1632 |
Hyden v. Anderson
| 23 MA 0087 | plaintiff sought residual diminution in value of vehicle after collision repairs were paid by defendant; recovery capped at primary measure of damages, which is fair market value immediately before injury minus the fair market value immediately after injury; post-repair value is not a substitute for pre-repair value. | Robb | Mahoning |
4/22/2024
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4/25/2024
| 2024-Ohio-1578 |
Crockett Homes, Inc. v. Tracy
| 23 CA 0966 | breach of contract; unjust enrichment; summary judgment; home construction; issues of fact; conversion; self-serving affidavit; App.R. 16(A)(7); appellant’s burden. | Robb | Carroll |
4/17/2024
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4/18/2024
| 2024-Ohio-1464 |
Toronto City Schools Bd. of Edn. v. Ascent Resources Utica, L.L.C.
| 23 JE 0002 | Civ.R. 56; law-of-the-case doctrine; prevention of performance; condition precedent; failure to follow remand order; Evid.R. 801(d)(2) | Hanni | Jefferson |
4/16/2024
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4/16/2024
| 2024-Ohio-1436 |
Reese v. Sweeney
| 23 MA 0099 | mandamus; R.C. 2969.25 procedural inmate-filing requirements; prior-civil-actions affidavit; R.C. 2969.25(A); court cost deposit; R.C. 2969.25(C) | Per Curiam | Mahoning |
4/16/2024
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4/18/2024
| 2024-Ohio-1466 |
Shadyside v. Givens
| 23 BE 0035 | vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal. | Robb | Belmont |
4/15/2024
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4/18/2024
| 2024-Ohio-1463 |
State v. Minor
| 23 CO 0027 | sex offenses against child; authentication of video of the child interview at the hospital; confrontation clause applies to only testimonial evidence generated with a primary purpose of investigation instead of medical diagnosis or treatment, but out of court statements were not precluded where child testified at trial. | Robb | Columbiana |
4/15/2024
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4/18/2024
| 2024-Ohio-1465 |
State ex rel. Ruble v. Switzerland of Ohio Local School Dist. Bd. of Edn.
| 22 MO 0003 | Original action; writ of mandamus; summary judgment; R.C. 3319.171; R.C. 3319.17; school administrative personnel suspension policy; suspension procedures; right of restoration. | Per Curiam | Monroe |
4/11/2024
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4/22/2024
| 2024-Ohio-1542 |
Kaine v. Kaine
| 23 JE 0008 | Civ.R. 60(A) is not a proper mechanism to challenge an alleged clerical error within an appellate Opinion, entry, or order. | Per Curiam | Jefferson |
4/5/2024
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4/24/2024
| 2024-Ohio-1573 |
Shadyside v. Givens
| 23 BE 0036 | vexatious litigator; R.C. 2323.52; arguments not raised to trial court are waived on appeal; appellant's burden to demonstrate error on appeal. | Robb | Belmont |
4/3/2024
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4/5/2024
| 2024-Ohio-1299 |
Stiles v. Bugno
| 23 MA 0039 | breach of oral agreement; statute of frauds; “not to be performed within one year”; compliance with local rules; prejudice. | Robb | Mahoning |
3/28/2024
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4/3/2024
| 2024-Ohio-1262 |
State v. Wilson
| 23 MO 0012 | guilty plea to two counts of murder; trial court complied with Crim.R. 11(C)(2) in advising Appellant; plea entered knowingly, voluntarily, intelligently | Hanni | Monroe |
3/28/2024
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3/29/2024
| 2024-Ohio-1193 |
State v. Orrell
| 23 CO 0028 | Evid. R. 404(B), other acts evidence; exceptions to admission of other acts evidence; no contest plea; motion in limine on appeal; functional equivalent; drug possession, R.C. 2925.11(A); constructive possession | Hanni | Columbiana |
3/28/2024
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3/29/2024
| 2024-Ohio-1194 |
State v. Brady
| 23 JE 0003 | child endangering verdict after jury trial; sufficiency and weight of the evidence. | Robb | Jefferson |
3/27/2024
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3/28/2024
| 2024-Ohio-1169 |
State v. Barnette
| 23 MA 0089 | R.C. 149.43(B); public record request; burden on applicant to show “justiciable claim;” Application for DNA testing; considering only evidence from the trial is error; Appellant had burden to show there was no prior definitive DNA test; R.C. 2953.71(U); trial court was required to reject the application; R.C. 2953.74(A). | Robb | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1172 |
State v. Kennedy
| 23 MA 0050 | denying reclassification motion filed in 1988 criminal case regarding his sexual predator label where appellant argues his classification and registration requirements were the result of a 2010 judgment issued in a civil action he filed wherein the court mistakenly reinstated a non-existent label; essentially asking criminal court to modify civil court’s judgment. | Robb | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1170 |
State v. Chappell
| 23 MA 0068 | Concealed Carry; R.C. 2923.13 (A)(2); having weapons while under disability; R.C. 2923.12 (A)(2), (F)(1); duress; felony sentence review. | Waite | Mahoning |
3/27/2024
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4/22/2024
| 2024-Ohio-1541 |
State ex rel. Harris v. Bobby
| 23 MA 0060 | original action; mandamus; public records request; inmate filing requirements; R.C. 2969.25(A); affidavit of prior actions and appeals | Per Curiam | Mahoning |
3/27/2024
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3/28/2024
| 2024-Ohio-1171 |
State v. Hill
| 22 MA 0072 | Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Ohio law does not guarantee a jury that mirrors the community; race neutral reason where jury commission office assigns potential jurors without knowledge of race; Evid.R. 404(B); prior bad acts evidence permitted where defense claims accident; manifest weight of the evidence; witness credibility; circumstantial evidence; State v. Hacker, -- Ohio St.3d --, 2023-Ohio-2535, -- N.E.3d --. | Waite | Mahoning |
3/27/2024
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4/22/2024
| 2024-Ohio-1543 |
Stare v. Grange Indemn. Ins. Co.
| 23 MA 0027 | RECONSIDERATION – App.R. 26(A); the record establishes this court did not apply an incorrect standard, did not make findings outside the record, and did not unduly punish the Stares by affirming the trial court’s judgment; upon consideration of the App.R. 26(A) application, the Stares have not demonstrated any obvious errors or raised any issues that were not adequately addressed in our previous opinion; this court is not persuaded that we erred as a matter of law; application denied. | Per Curiam | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1097 |
State v. West
| 23 MA 0098 | Post-conviction application for DNA testing, R.C. 2953.73; eligible offender; R.C. 2953.74; outcome determinative, R.C. 2953.71; abuse of discretion | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1103 |
Jarvis v. Pompos
| 23 MA 0084 | default judgment on money due on promissory note; trial court had both subject matter jurisdiction and personal jurisdiction; Appellant failed to meet test set out in GTE Automatic Elec., Inc. v. Arc Industries, Inc., 47 Ohio St.2d 146, 351 N.E.2d 113 (1976), for relief from judgment; misspelling of fist name in complaint was invited error | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1102 |
State v. Vanek-Peterson
| 23 MA 0021 | Failure to stop after accident, R.C. 4549.02(A)(1)(b); knowingly definition, R.C. 2901.22(B); sufficiency of evidence; manifest weight of evidence; missing trial DVD on appeal | Hanni | Mahoning |
3/22/2024
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3/25/2024
| 2024-Ohio-1096 |
State v. Rodriguez
| 23 MA 0105 | Misdemeanor conviction of violating a civil protection order; bench trial; Appellant sentenced to 180 days in jail; court denied appellant the right of allocution; state concedes error; arguments concerning denial of a request for a PSI and a challenge to the maximum sentence are moot; sentence vacated and case remanded for resentencing. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1326 |
Miller v. Transp. Office, Inc.
| 23 MO 0015 | CIVIL – summary judgment; Civ.R. 56; negligence; loss of consortium; injuries sustained from an employee falling out of a trailer; Pennsylvania license plate; the record reveals Appellee, an Ohio limited liability company, did not own, maintain, or control the subject trailer from which Appellant fell; Appellee did not owe Appellants any duty, and in turn, did not breach any duty; judgment affirmed. | Klatt | Monroe |
3/21/2024
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3/25/2024
| 2024-Ohio-1104 |
State v. Auber
| 23 BE 0024 | Remission of bond; bond forfeiture; moot; satisfaction of judgment; lack of controversy. | Per Curiam | Belmont |
3/21/2024
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4/8/2024
| 2024-Ohio-1318 |
State v. Warren-Herrod
| 23 MA 0049 | Felony failure to register as a sexual offender; ambiguity at change of plea in trial court’s explanation of the right to trial by jury; appellate court may examine the plea agreement to confirm the right was explained and properly waived; State v. Gilmore, 2023-Ohio-1503; guilty plea intelligently and voluntarily made, the trial court judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1323 |
State v. Currence
| 23 HA 0004 | Reckless homicide and child endangerment did not merge when two separate events occurred; special needs child in Appellant’s care; child suffered severe burns while bathing; child died while bathing due to lack of oxygen, Appellant removed child's external oxygen supply; child recovering from double pneumonia; trial court made appropriate findings to support consecutive sentences, consecutive sentences adequately reflect the seriousness of the harm caused by Appellant; judgment affirmed. | Waite | Harrison |
3/21/2024
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4/8/2024
| 2024-Ohio-1320 |
State v. Herns
| 23 MA 0055 | CRIMINAL – Appellant failed to demonstrate actual prejudice resulting from preindictment delay where speculation regarding missing evidence and witnesses was required to conclude that evidence and witnesses were relevant and to the defense, and would minimize or eliminate the impact of the state’s evidence and bolster the defense. Further, the defendant must offer evidence of witness’s unavailability in the form of defense counsel’s testimony regarding the efforts undertaken to locate the witness. | Klatt | Mahoning |
3/21/2024
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3/25/2024
| 2024-Ohio-1099 |
State v. Meyers
| 23 MA 0003 | Conviction for rape; Reagan Tokes Act; State v. Hacker, 2023-Ohio-2535; defendant did not prove by preponderance of the evidence that he was incompetent to enter a guilty plea; defendant had ability to consult with his lawyer and had a rational and factual understanding of the proceedings; defendant did not show denial of motion to withdraw plea was a manifest injustice; no abuse of discretion in denying the motion; judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1321 |
State v. MacEwen
| 23 MA 0072 | Application for expungement for fourth degree misdemeanor domestic violence denied; defendant argued that former R.C. 2953.36(A)(1) allowed expungement of domestic violence, even though it was a crime of violence; appellant did not qualify as an eligible offender under former R.C. 2953.31(A)(1)(a), therefore, could not rely on the exceptions set forth in R.C. 2953.36; judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1324 |
State v. James
| 23 MA 0005 | Defendant attacked paramedics and police officer in an ambulance after Narcan was administered; felonious assault; resisting arrest; Batson challenge when peremptory challenge; prima facie case of purposeful discrimination not met, and state provided non-racial reason for peremptory challenge; manifest weight supports verdict, as defendant intentionally grabbed syringe, fought with police and paramedics, causing numerous injuries; indefinite term of incarceration does not violate constitution; State v. Hacker, 2023-Ohio-2535; judgment affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1322 |
State v. Hlinovsky
| 23 BE 0015 | Guilty plea to unlawful sexual contact with a minor; failure to explain maximum penalty; trial judge asked appellant if he understood the maximum penalty, and details were explained in the written plea agreement; no mention of mandatory postrelease control; failure to discuss mandatory postrelease control requires reversal; State v. Sarkozy, 117 Ohio St.3d 86, 2008-Ohio-509; plea and subsequent conviction vacated. | Waite | Belmont |
3/21/2024
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4/8/2024
| 2024-Ohio-1317 |
State v. Boyer
| 23 CO 0026 | Presentence motion for withdrawal of guilty plea; main charge, attempted felony murder, is not a crime that can be prosecuted in Ohio; State v. Nolan, 141 Ohio St.3d 454, 2014-Ohio-4800; neither the court nor defendant's counsel explained this to appellant prior to guilty plea to the other charges in the indictment; appellant led to believe that he was entering into a plea agreement, no agreement reached; appellant’s written responses sought a bench trial and stated he was coerced into pleading guilty, these were not addressed at the change of plea hearing; abuse of discretion in refusing to allow the plea to be withdrawn; reversed. | Waite | Columbiana |
3/21/2024
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4/8/2024
| 2024-Ohio-1319 |
In re J.G.
| 23 MA 0075 | CIVIL - Competent, credible evidence regarding best interest factors supports a juvenile court’s decision awarding custody to the child’s father, where temporary non-parent caretakers allowed child to become morbidly obese and intentionally prohibited the child’s father from maintaining a visitation schedule with the child. | Klatt | Mahoning |
3/21/2024
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3/25/2024
| 2024-Ohio-1101 |
Miller v. Leone
| 23 MA 0074 | Civil stalking protection order; mayor of Struthers filed petition against former Judge of Municipal Court; pattern of instances of menacing by stalking; First Amendment right to freedom of speech; respondent did not present evidence at final hearing; no provision in the order regulated speech; first amendment does not protect threats or false statements, CSPO is affirmed. | Waite | Mahoning |
3/21/2024
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4/8/2024
| 2024-Ohio-1325 |
In re A.C.
| 23 MA 0120 | Dependency; permanent custody; venue; Juv.R. 11; waiver of venue. | Waite | Mahoning |
3/19/2024
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4/8/2024
| 2024-Ohio-1327 |
State v. Jenkins
| 22 MA 0107 | Attempted murder; appellant challenges the indefinite portion of his six to nine year prison term as violating his right to jury trial; Apprendi v. New Jersey, 530 U.S. 466 (2000); State v. Foster, 109 Ohio St.3d 1 (2006); the Ohio Supreme Court has ruled that the indefinite sentencing provisions introduced under the Reagan Tokes Act are constitutional; judgment affirmed. | Waite | Mahoning |
3/19/2024
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4/8/2024
| 2024-Ohio-1316 |
Cunningham v. Brown
| 23 MA 0062 | administrative appeal affirming trial court decision upholding civil service commission decision which upheld the city’s amended removal order terminating employee; prior trial court remand for order to state the reasons for removal did not render first removal order void ab initio; Appellant not entitled to reinstatement with back pay from the date of first removal order through date of amended removal order; remand did not violate civil service rule stating “no material amendment” can be made to the removal order after the employee appeals to the commission; issuance of amended removal order as instructed does not necessarily mean Appellant was an employee at time of issuance. | Robb | Mahoning |
3/18/2024
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3/25/2024
| 2024-Ohio-1100 |
G.A.I. Capital Group, L.L.C. v. Lisowski
| 23 MA 0052 | App.R. 25; motion to certify a conflict; conflict must be on the same rule of law, not facts. | Per Curiam | Mahoning |
3/18/2024
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3/25/2024
| 2024-Ohio-1098 |
Givens v. Longwell
| 23 BE 0023 | Civ.R. 12(B)(6) dismissal; property sold in tax foreclosure; plaintiff has no interest in the property; complaint properly dismissed; vexatious litigator | Hanni | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-948 |
Givens v. Longwell
| 23 BE 0029 | CIVIL – In action for replevin and conversion, party seeking return of personal property must execute an affidavit in conformance with R.C. 2737.03 to demonstrate ownership in order to survive motion for summary judgment. | Klatt | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-947 |
State v. Williams
| 23 MA 0007 | Terry stop; reasonable suspicion; motion to suppress; informants; anonymous informer; reliability; general description; “high-crime” area; totality of the circumstances; pat down; reasonable suspicion | Hanni | Mahoning |
3/14/2024
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3/14/2024
| 2024-Ohio-943 |
State v. Antonacci
| 23 BE 0030 | CRIMINAL LAW – felonious assault; aggravated burglary; guilty plea; consecutively sentenced to a total indefinite prison term of 14 years (minimum) to 18 years (maximum); Reagan Tokes Law; the trial court considered R.C. 2929.11, 2929.12, and 2929.13, and its imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(b) is supported by the record; judgment affirmed. | Klatt | Belmont |
3/14/2024
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3/14/2024
| 2024-Ohio-946 |
Bounty Minerals v. LL&B Headwater
| 23 JE 0012 | CIVIL – summary judgment; Civ.R. 56; de novo review; oil and gas lease is a contract subject to the same rules of interpretation as other written agreements; by its own express terms, the Term Royalty Conveyance was limited to the oil and gas lease in effect at the time and only burdened subsequent oil and gas leases upon the occurrence of certain conditions precedent; the record reveals none of the conditions precedent occurred; the trial court did not err in applying a plain reading of the Term Royalty Conveyance; anti-washout provision; last antecedent rule; the Term Royalty Conveyance ended at the same time as the Mason Dixon Lease, just as the parties intended; rule against perpetuities; R.C. 2131.08; warranty of title; slander of title; the language of the contract is clear; judgment affirmed. | Klatt | Jefferson |
3/14/2024
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3/14/2024
| 2024-Ohio-944 |
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