Ohio. App. R. 12
Staff Note (July 1, 2015 amendment)
App. R. 12(C) is amended to avoid the implication of the former rule that a reversal on the manifest weight of the evidence was not available in civil cases tried to a jury. See Eastley v. Volkman, 4th Dist. Scioto Nos. 09CA 3308, 09C A3309, 2010-Ohio-4771, ¶ 58 (Kline, J., dissenting), citing Painter & Pollis, Ohio Appellate Practice, Section 7:19 (2009-2010 Ed.), rev'd, 132 Ohio St.3d 328, 2012-Ohio-2179, 972 N.E.2d 517. The amendment clarifies that a manifest-weight reversal is available in civil cases tried to a jury, but there are distinctions. In a civil case tried to a court without a jury, a majority of the appellate court may reverse, and it may either remand the case for a new trial or enter judgment for the appellee. By contrast, in a case tried to a jury, a reversal on the manifest weight of the evidence must be unanimous, see Ohio Constitution, Article IV, Section 3(B)(3), and the trial court is permitted to reverse and remand, not to enter judgment for the appellee. See Hanna v. Wagner, 39 Ohio St.2d 64, 313 N.E.2d 842 (1974). In addition, the amendments remove the restriction in the current rule allowing an appellate court to reverse a judgment based on the manifest weight of the evidence only once in either instance.