Patel v. Strategic Grp.

12 Citing cases

  1. Firestone Laser & Mfg. v. Bristow

    4:21-CV-01772-AMK (N.D. Ohio Aug. 14, 2024)

    Accordingly, the Court DISMISSES the breach of contract claim set forth in Count One of the Complaint (ECF Doc. 14, pp. 2-3, ¶¶ 8-19) as moot.See Patel Strategic Gro., L.L.C., 2020-Ohio-4990, ¶¶ 41-46, 161 N.E.3d 42, 45 (Ohio Ct. App. 2020) (once liability on breach of contract claim established, court could not consider arguments for claim in the alternative thereby rendering such claim moot). C. Firestone is Entitled to Recover Contract Price for Five Custom Truck Beds

  2. Kettering Adventist Healthcare v. Jade Designs, LLC

    677 F. Supp. 3d 735 (S.D. Ohio 2023)   Cited 4 times

    However, Ohio courts have consistently held that "[a] litigant may not recover for both a breach of contract and conversion." Patel v. Strategic Group, LLC, 2020-Ohio-4990, ¶ 42, 161 N.E.3d 42, 52 (Ohio Ct. App. 2020) (citing Boston v. Sealmaster Indus., 2004-Ohio-4278, ¶ 37 (Ohio Ct. App. 2004)); Bold Home Prods. v. Carbonklean, LLC, No. 2:20-cv-4020, 2023 U.S. Dist. LEXIS 5975, at *42, 2023 WL 155901, at *14 (S.D. Ohio Jan. 11, 2023).

  3. Bold Home Prods. v. CarbonKlean, LLC

    2:20-cv-4020 (S.D. Ohio Jan. 11, 2023)   Cited 1 times

    Conversion and breach of contract are alternate causes of action; therefore, a litigant may not recover under both theories. Patel v. Strategic Group, L.L.C., 8th Dist. No. 109043, 2020-Ohio-4990, 161 N.E.3d 42, ¶ 42.

  4. Mozika Inc. v. JS Design Online LLC

    1:22 CV 897 (N.D. Ohio Sep. 6, 2022)   Cited 1 times

    Patel v. Strategic Grp., LLC, 161 N.E.3d 42, 51 (Ohio Ct. App. 2020).

  5. Nottingham-Spirk Design Assocs. v. Halo Innovations, Inc.

    608 F. Supp. 3d 552 (N.D. Ohio 2022)

    In doing so, the Court presumes the written agreement reflects the parties’ intent. Patel v. Strategic Grp., L.L.C. , 2020-Ohio-4990, 161 N.E.3d 42, ¶ 35 (Ohio Ct. App.). "The intent of the parties is presumed to reside in the language they choose to use in their agreement."

  6. Nottingham-Spirk Design Assocs. v. Halo Innovations, Inc.

    1:21-cv-00341 (N.D. Ohio May. 19, 2022)

    In doing so, the Court presumes the written agreement reflects the parties' intent. Patel v. Strategic Grp., L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 35 (Ohio Ct. App.). “The intent of the parties is presumed to reside in the language they choose to use in their agreement.”

  7. Woods v. Flemings

    2024 Ohio 460 (Ohio Ct. App. 2024)

    "[A] reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as 'some' competent and credible evidence supports it." Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist.), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C, 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.). 1. End of Lease Property Damages

  8. Yagour Grp. v. Ciptak

    2024 Ohio 73 (Ohio Ct. App. 2024)

    Gerston v. Parma VTA, L.L.C., 8th Dist. Cuyahoga No. 105572, 2018-Ohio-2185, ¶ 57; see also Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist.) ("'[F]ollowing a bench trial, a reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as "some" competent and credible evidence supports it.'"), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.). Issues of law are reviewed de novo.

  9. Berkut, Inc. v. Devolver Corp.

    2024 Ohio 63 (Ohio Ct. App. 2024)

    "'[A] reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as 'some' competent and credible evidence supports it.'" Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.).

  10. Co. v. Capstone Constr. Co.

    2023 Ohio 3882 (Ohio Ct. App. 2023)

    "[A] reviewing court will generally uphold a trial court's judgment as long as the manifest weight of the evidence supports it - that is, as long as 'some' competent and credible evidence supports it." Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, 161 N.E.3d 42, ¶ 20 (8th Dist.), quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, 116 N.E.3d 694, ¶ 12 (8th Dist.).