FIRST DISTRICT
COURT OF APPEALS
THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT. THEY ARE NOT HEADNOTES OR SYLLABI. INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.
DATE: Wednesday, January 21, 2025
CAPTION: STATE V. LEE
APPEAL NO.: C-250197
TRIAL NO.: C/24/CRB/21413
KEY WORDS: CHILD ENDANGERING — R.C. 2919.22(B)(1) — RECKLESSNESS — SUFFICIENCY
SUMMARY: Defendant’s conviction for child endangering was not supported by sufficient evidence where the State failed to put forth any evidence that defendant acted recklessly; the State failed to show that there was a strong possibility that a child would be harmed as a result of defendant’s conduct.
JUDGMENT: REVERSED AND APPELLANT DISCHARGED
JUDGES: OPINION by MOORE, J.; KINSLEY, P.J., and CROUSE, J., CONCUR.
CAPTION: DOTSON V. DURRANI
APPEAL NO.: C-250205
TRIAL NO.: A-1706418
KEY WORDS: R.C. 2505.02(B)(3) — FINAL, APPEALABLE ORDER — AFFIDAVIT OF MERIT — CIV.R. 10(D) — DISMISSAL WITHOUT PREJUDICE — JURISDICTION — CIV.R. 54(B) — MOOT — APP.R. 12
SUMMARY: Where the order appealed from vacated a prior final judgment issued by the trial court, it was a final, appealable order pursuant to R.C. 2505.02(B)(3).
Where the trial court’s dismissal of plaintiffs’ complaint without prejudice divested the trial court of jurisdiction over the case, the trial court erred in sua sponte vacating that judgment and granting plaintiffs’ motion to amend the complaint.
An appellate court will not rule on assignments of error that are rendered moot by another decision rendered by the court in the appeal.
JUDGMENT: VACATED
JUDGES: OPINION by CROUSE, J.; ZAYAS, P.J., and BOCK, J., CONCUR.