Cox v. Dayton Pub. Schools Bd. of Edn. (Slip Opinion)
64 N.E.3d 977
Ohio2016Background
- Georgia Cox, a special-education teacher, was terminated after an incident and an arbitrator issued an award on December 10, 2013, finding just cause for termination.
- Arbitrator emailed the award to counsel for the BOE and the union on December 10, 2013; Cox did not receive the award directly from the arbitrator and the record does not establish the exact date she was delivered a copy.
- Cox filed a motion in Montgomery County Common Pleas on March 10, 2014 to vacate/modify/correct the arbitration award and arranged for service: the clerk mailed a copy to the BOE on March 10; Cox mailed a certified copy to BOE counsel on March 11 (received March 13).
- The BOE moved to dismiss, arguing Cox lacked standing and that her motion was not timely served within the three-month period of R.C. 2711.13; the trial court dismissed.
- The Second District reversed on standing and jurisdiction; the BOE appealed to the Ohio Supreme Court solely on the question whether R.C. 2711.13 requires actual receipt of the motion by the adverse party within three months.
- The Ohio Supreme Court affirmed the court of appeals: it held service is governed by Civ.R. 5(B) (service complete on mailing to counsel) and that Cox’s certified mailing on March 11, 2014 was within the three-month period when time is computed under R.C. 1.14, Civ.R. 6(A), and R.C. 1.45.
Issues
| Issue | Plaintiff's Argument (Cox) | Defendant's Argument (BOE) | Held |
|---|---|---|---|
| Whether R.C. 2711.13 requires actual receipt of notice by adverse party within three months | Cox: statute requires service "as prescribed by law" (Civ.R.5), not actual receipt; service by mailing to counsel is complete on mailing | BOE: "notice" requires actual receipt within three months; delivery date was Dec 10 when arbitrator emailed award | Held: R.C.2711.13 incorporates Civ.R.5(B); service by mailing to counsel is complete on mailing, not contingent on receipt; BOE’s proposition rejected |
| When the three-month period begins ("delivered to the parties in interest") | Cox: disputed — she did not receive the award from arbitrator; factual question unresolved | BOE: it began Dec 10, 2013 when arbitrator emailed award to parties | Held: court assumed arguendo Dec 10 for BOE’s favor but did not decide delivery date; not necessary to decide because service was timely even under BOE’s view |
| How to compute the three-month period (anniversary vs. exclude-first-include-last rules) | Cox: computation per R.C.1.14 and Civ.R.6(A) (exclude first day, include last) produces March 11 as last day; R.C.1.45 applies for months | BOE/Dissent: apply anniversary rule so period ends March 10 | Held: apply R.C.1.14, Civ.R.6(A), and R.C.1.45 — period ran from Dec 11 to Mar 11; Cox’s mailing on Mar 11 was within period |
| Proof of service (Civ.R.5(B)(4)) — effect of missing certificate of service | Cox: clerk mailed copy and Cox later mailed certified copy to counsel; BOE forfeited challenge to missing certificate because it didn’t raise it below | BOE/Dissent: missing proof of service is mandatory; absence means motion not properly served | Held: BOE forfeited 5(B)(4) objection by not raising it at trial; court declined to consider plain-error review and accepted evidence that clerk mailed the motion |
Key Cases Cited
- Chesapeake Exploration, L.L.C. v. Buell, 45 N.E.3d 185 (Ohio 2015) (statutory interpretation: apply statute as written when unambiguous)
- Welsh Dev. Co., Inc. v. Warren Cty. Regional Planning Comm., 946 N.E.2d 215 (Ohio 2011) (discussion of what constitutes "service" in a different statutory context)
- Galion v. Am. Fedn. of State, Cty. & Mun. Emps., Ohio Council 8, AFL-CIO, Local 2243, 646 N.E.2d 813 (Ohio 1995) (R.C. 2711.13 imposes three-month period to move to vacate/modify/correct arbitration award)
- Heuck v. State ex rel. Mack, 187 N.E. 869 (Ohio 1933) (historical application of exclude-first computation rules)