party alleging waiver (Ohio) · Go Syfert
← Ohio issues

party alleging waiver in Ohio

16 Ohio opinions name it 1 courts 1999–2026 8 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Mahlerwein v. Mahlerweingreen
ohioctapp · 2005 · cited in 2 Ohio opinions naming this issue, 2006–2015
2 sentences

2015In re Taylor G., 6th Dist Lucas No. 04CA15, 2006-Ohio-1992, ¶ 20-21 , citing Mahlerwein v. Mahlerwein, 160 Ohio App.3d 564 , 2005–Ohio–1835, 828 N.E.2d 153, ¶ 47 (4th Dist.).

2015In re Taylor G., 6th Dist Lucas No. 04CA15, 2006-Ohio-1992, ¶ 20-21 , citing Mahlerwein v. Mahlerwein, 160 Ohio App.3d 564 , 2005–Ohio–1835, 828 N.E.2d 153, ¶ 47 (4th Dist.).

12
Blakemore v. Blakemoregreen
ohio · 1983 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026Consequently, a party alleging error must demonstrate that the trial court’s actions were “‘unreasonable, arbitrary, or unconscionable.’” Id., quoting Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶16} On November 6, 2023, the trial court filed a Case Management Order setting a trial date in December 2023.

11
State v. Wilsongreen
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See State v. Wilson, 2018-Ohio-396, ¶ 23 (5th Dist.) (“Appellant has the responsibility of providing the reviewing court with a record of the facts, testimony, and evidentiary matters that are necessary to support the appellant’s assignments of error”). {¶25} In the absence of a transcript of the plea-change hearing, we presume that the trial judge did in fact advise Smith at the June 2020 plea change that Smith would be required to register as a sex offender if he were ever released from prison.

11
Kasper Invest. Properties, L.L.C. v. Put-in-Bay Twp. Bd. of Zoning Appealsgreen
ohioctapp · 2015 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Bd. of Zoning Appeals, 2015-Ohio-4628, ¶ 20 (6th Dist.) (“A party alleging error by the lower court under Civ.R. 53 has an affirmative duty to demonstrate that the trial court failed to conduct an independent review of the magistrate’s findings.”). 7 OHIO FIRST DISTRICT COURT OF APPEALS {¶20} Next, in addition to adopting the decision of the magistrate, the trial court’s entry specifically referenced its standard of review under R.C. 2506.04 and held, after an independent review of the BZA transcript and the additional evidence filed by the Brocks, that the BZA’s decision to deny the Brocks’ v

11
Cabrera v. Charter Communications, L.L.C.green
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025The party alleging waiver carries the burden to “prove a clear, unequivocal, decisive act of the party against whom the waiver is asserted, showing such a purpose or acts amounting to an estoppel on his part.” White at paragraph four of the syllabus; accord Father & Son at ¶ 21; see also Cabrera v. Charter Comms., LLC, 2022-Ohio-2947, ¶ 19 (5th Dist.), quoting Miller v. Cardinal Care Mgt., Inc., 2019-Ohio-2826, ¶ 34 (8th Dist.) (“‘the party moving for arbitration has the burden of establishing the existence of an enforceable arbitration agreement between it and the party against whom the movin

11
Miller v. Cardinal Care Mgt., Inc.green
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025The party alleging waiver carries the burden to “prove a clear, unequivocal, decisive act of the party against whom the waiver is asserted, showing such a purpose or acts amounting to an estoppel on his part.” White at paragraph four of the syllabus; accord Father & Son at ¶ 21; see also Cabrera v. Charter Comms., LLC, 2022-Ohio-2947, ¶ 19 (5th Dist.), quoting Miller v. Cardinal Care Mgt., Inc., 2019-Ohio-2826, ¶ 34 (8th Dist.) (“‘the party moving for arbitration has the burden of establishing the existence of an enforceable arbitration agreement between it and the party against whom the movin

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Lambert v. Clancy green
ohio · 2010
2 sentences

2025First, the party alleging immunity enjoys a general grant of immunity under R.C. 2744.02(A)(1), which provides that “‘a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.’” Id., quoting R.C. 2744.02(A)(1).

2022First, the party alleging immunity must enjoy a general grant of immunity under R.C. 2744.02(A)(1), which provides that “a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.” Id.

32022–2025
Romig v. Modest green
ohioctapp · 1956
2 sentences

2018Id. at paragraph four of the syllabus. {¶53} In reaching its conclusions on the issue of “substantial value” in the case sub judice, the trial court first reviewed the early history of the subject deed restriction, noting that in 1981, the Carnation Mall property was owned by Midland Service Corporation.

2018Id. at paragraph four of the syllabus. {¶53} In reaching its conclusions on the issue of “substantial value” in the case sub judice, the trial court first reviewed the early history of the subject deed restriction, noting that in 1981, the Carnation Mall property was owned by Midland Service Corporation.

22006–2018
Landen Farm Community Services Ass'n v. Schube green
ohioctapp · 1992
2 sentences

2011Id. at paragraph four of the syllabus. {¶ 45} Appellant alleges that one other home owner kept a trailer on his property for a number of years.

2011Id. at paragraph four of the syllabus. {¶ 45} Appellant alleges that one other home owner kept a trailer on his property for a number of years.

22007–2011
Morgan v. Sundance, Inc. green
scotus · 2022
1 sentence

2026June 26, 1998). {¶23} The United States Supreme Court has offered guidance on the issue of waiver in Morgan v. Sundance, Inc., 596 U.S. 411 (2022).

12026–2026
In Re Taylor G., Unpublished Decision (4-21-2006) green
ohioctapp · 2006
1 sentence

2015In re Taylor G., 6th Dist Lucas No. 04CA15, 2006-Ohio-1992, ¶ 20-21 , citing Mahlerwein v. Mahlerwein, 160 Ohio App.3d 564 , 2005–Ohio–1835, 828 N.E.2d 153, ¶ 47 (4th Dist.).

12015–2015
STIFEL, NICOLAUS & COMPANY INCORPORATED, Appellee, v. Ronald G. FREEMAN; Beverly Freeman Weyhmueller, Appellants green
ca8 · 1991
1 sentence

2004Stifel, Nicolaus Co., Inc. v. Freeman (C.A. 8, 1991), 924 F.2d 157 , 158." Supervalu Holdings, Inc. v. Schear's Food Centers, Inc., Montgomery App. No. 16881, 1998 WL 425505 , at *4. {¶ 26} The Rutherfords argue that HRC knew of its right to arbitration and that it acted inconsistently with that right, but they fail to address how those inconsistent acts prejudiced them.

12004–2004
Miller v. Leesburg green
ohioctapp · 1993
1 sentence

1999Shirokey v. Marth (1992), 63 Ohio St.3d 113 , 116 ; Miller v. Leesburg (1993), 87 Ohio App.3d 171 , 178 , citing Anderson v. Creighton (1987), 483 U.S. 635 .

11999–1999
Shirokey v. Marth green
ohio · 1992
1 sentence

1999Shirokey v. Marth (1992), 63 Ohio St.3d 113 , 116 ; Miller v. Leesburg (1993), 87 Ohio App.3d 171 , 178 , citing Anderson v. Creighton (1987), 483 U.S. 635 .

11999–1999
Anderson v. Creighton green
scotus · 1987
1 sentence

1999Shirokey v. Marth (1992), 63 Ohio St.3d 113 , 116 ; Miller v. Leesburg (1993), 87 Ohio App.3d 171 , 178 , citing Anderson v. Creighton (1987), 483 U.S. 635 .

11999–1999

Where else courts name it

GA 259 (1950–2026) ID 34 (2004–2026) LA 26 (1984–2015) KS 26 (1952–2026) MN 21 (1889–2017) NY 19 (1852–2024) SD 19 (1896–2010) WI 16 (1962–2026) OH 16 (1999–2026) MO 15 (1894–2023) MI 15 (1899–2025) IL 14 (1902–2026) TX 13 (1891–2024) AL 13 (1893–2007) ND 12 (1904–2001) CA 11 (1867–2019) NC 10 (1876–2013) MT 10 (1907–2011) WA 8 (2014–2025) IN 7 (1979–2012) MD 7 (2011–2023) WY 7 (1996–2020) NJ 6 (1955–2026) NE 6 (1892–2026) TN 5 (1993–2002) ME 5 (1997–2008) RI 5 (1996–2023) UT 4 (1989–2005) NM 4 (1913–1966) IA 4 (1943–2023) VT 4 (1981–2010) AK 4 (1991–2023) AR 4 (1982–1989) OK 3 (1911–2011) CO 3 (1926–2017) KY 2 (1995–2019) HI 2 (1980–1999) PA 2 (1983–1984) MS 2 (2004–2005) MA 2 (2014–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check