Ninth District Opinions from May 15, 2013

The Court of Appeals for the Ninth District Court of Appeals released the following opinions on May 15, 2013:

In re A.S., 2013-Ohio-1975 was a decision released from the Summit County Juvenile Court reversing a decision that awarded children to relatives of the appellant. The appellant had assigned three grounds for error by the trial court but the Court of Appeals found that one of them was dispositive. The appellate court held that the trial court abused its discretion by not holding a hearing on the appellant's motion for a change of disposition. The case was remanded for further hearings. 

In re B.S., 2013-Ohio-1976 was also a decision released on an appeal from a decision of the Summit County Juvenile Court. The opinion affirmed in part and reversed in part. 

The appellate court found that the trial court had erred when its magistrate determined the amount of money that the father made. The appellate court held that while the magistrate had extrapolated from the father's hourly wage what his annual income was, the father had testified that his hours varied. Therefore the Court of Appeals held that the trial court should have examined one calendar year's worth of wages. The Court of Appeals also found that the trial court erred when awarding the tax exemptions for both children to the father. 

State v. Oliver, 2013-Ohio-1977 was a decision on an appeal from the Summit County Court of Common Pleas in a criminal case. The appellate court reversed and remanded. It found that the trial court committed reversible error when it examined the attorney who had represented the appellant during the case and also was with him at the hearing to withdraw his plea. The trial court examined the attorney itself and didn't allow the appellant an opportunity to examine him through different counsel. The appellate court reversed and remanded with directions that the trial court appoint a new attorney for the appellant. 

Third Fed. Sav. & Loan Assoc. of Cleveland v. Schlegel, 2013-Ohio-1978 reversed and remanded a judgment in favor of Third Federal. Schlegal argued that the trial court had erroneously granted a summary judgment to Third Federal because there were material issues of fact regarding whether Third Federal had the right to accelerate on the note and foreclose of the property. 
The Court of Appeals found that there was a factual issue of whether there was a default on the note. The decision reversed and remanded for further proceedings.