2014 Ohio 1240
Ohio Ct. App.2014Background
- Farrell was cited for speeding and not wearing a seatbelt in April 2013; trial in June 2013 resulted in a speeding conviction and $70 fine plus costs, which she paid the same day.
- The trial court found the seatbelt offense not guilty and the speeding offense guilty of Cleveland Codified Ordinances 433.03.
- Two days after trial, Farrell moved to dismiss the indictment; the trial court denied the motion.
- Farrell filed a notice of appeal but did not attach the journal entry she was appealing to the notice of appeal.
- The appellate court dismissed the appeal as moot because Farrell paid the fine and costs and did not show any collateral disability or stake in the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Farrell’s appeal moot after payment of the fine? | Farrell (plaintiff) contends the appeal should proceed. | Farrell (defendant) argues mootness due to no collateral disability. | Yes, moot; no collateral disability shown. |
| Does failure to attach the journal entry affect the appeal? | Not addressed as dispositive. | Not dispositive to mootness. | Not reached; mootness controls. |
Key Cases Cited
- Wilson, 41 Ohio St.2d 236 (1975) (recognizes need for collateral consequences to support appeal when fine paid)
- Jackim, 8th Dist. Cuyahoga No. 89659 (2008) (appeal mootness where no collateral disability shown)
- Berndt, 29 Ohio St.3d 3 (1987) (bonding of mootness when no collateral rights impaired)