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Volume 132, Number 44

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1st District Court of Appeals Summaries

Print November 1, 2024 First District Court of Appeals Summaries
 
 
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, October 30, 2024
CAPTION: HO V. ROSS EVANS, et al. 
APPEAL NO.: C-240063
TRIAL NO.: A-2300903
KEY WORDS: R.C. 2323.52 – VEXATIOUS LITIGATOR OR CONDUCT 
SUMMARY: The common pleas court erred by granting defendant’s R.C.2323.52 motion to declare plaintiff a vexatious litigator where there was no clear and convincing evidence presented that plaintiff habitually, persistently, and without reasonable grounds engaged in vexatious conduct. 
JUDGMENT: REVERSED 
JUDGES: OPINION by BERGERON, J.; ZAYAS, P.J., and KINSLEY, J., CONCUR.
 
CAPTION: IN RE: A.C.1 AND A.C.2 
APPEAL NO: C-240417
TRIAL NO: F/13/1783 Z
KEY WORDS: LEGAL CUSTODY – PERMANENT CUSTODY – INDEPENDENT REVIEW 
SUMMARY: The juvenile court erred when it inappropriately applied appellate standards of review when reviewing objections to the magistrate’s decision to award permanent custody of the two children to HCJFS, terminating the grandmother’s legal custodianship, which required an independent review of the record. 
JUDGMENT: REVERSED AND CAUSE REMANDED
JUDGES: OPINION by BERGERON, P.J.; WINKLER and CROUSE, JJ., CONCUR. 
 
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