2018 Ohio 2289
Ohio Ct. App.2018Background
- Plaintiff Arnold Black sued East Cleveland police officers (including Detective Randy Hicks and Officer Jonathan O’Leary), the city, and Chief Spotts claiming malicious prosecution, abuse of process, spoliation, battery, false imprisonment, supervisory liability, R.C. 2921.52 violations, and civil conspiracy arising from an April 28, 2012 arrest.
- Defendants filed discovery responses late, failed to appear for scheduled trial dates, and filed multiple appeals from interlocutory orders. Hicks (pro se) filed answers and later moved to dismiss the cross-claim for failure to prosecute.
- The trial court issued discovery-related sanctions (May 9, 2016), then a jury trial proceeded beginning May 25, 2016 while an appeal to the Ohio Supreme Court was pending; the jury returned a multi-million dollar verdict for Black, journalized June 3, 2016.
- Defendants appealed; this appellate court found multiple appeals had been perfected (including to the Ohio Supreme Court) before the trial court issued orders, commenced trial, and dismissed the cross-claim.
- The court held those trial-court actions (May 9 orders, the May 25–31 jury trial and verdict, and the July 7 dismissal of the cross-claim) were void because the trial court was divested of jurisdiction once the appeals were perfected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court violated Civ.R. 39(A) / Loc.R. 21 by conducting an ex parte jury trial | Black: trial proper; defendants waived by not appearing | Defendants: trial was ex parte and improper under rules | Moot after jurisdictional ruling; court found trial void because appeals divested jurisdiction |
| Whether defendants received adequate notice of May 25 trial (due process) | Black: notice sufficient | Defendants: lacked reasonable notice, due process violated | Moot after jurisdictional ruling; court did not reach merits |
| Whether trial-court May 9, 2016 orders (discovery sanctions) were valid while an appeal (Black I) was pending | Black: orders valid | Defendants: trial court lacked jurisdiction because appeal was pending | May 9 orders void — trial court divested of jurisdiction while appeal pending |
| Whether trial court could hold jury trial and enter verdict while an appeal to Ohio Supreme Court (Black III) was pending | Black: Ohio Supreme Court had not accepted appeal; trial could proceed | Defendants: filing of notice of appeal perfected appeal and divested trial court of jurisdiction | Trial, verdict, and subsequent July 7 dismissal void — filing perfected appeal and deprived trial court of authority |
Key Cases Cited
- State ex rel. Electronic Classroom of Tomorrow v. Cuyahoga Cty. Court of Common Pleas, 950 N.E.2d 149 (Ohio 2011) (filing of notice of appeal divests trial court of jurisdiction)
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 378 N.E.2d 162 (Ohio 1978) (trial court loses jurisdiction except to act in aid of appeal)
- In re S.J., 829 N.E.2d 1207 (Ohio 2005) (appropriateness of appeal determined by appellate court; notice of appeal perfects appeal)
- State v. Washington, 999 N.E.2d 661 (Ohio 2013) (extends rule that filing a notice of appeal divests trial court of jurisdiction to appeals to the Ohio Supreme Court)