2013 Ohio 3717
Ohio Ct. App.2013Background
- Hambuechen alleged Napoli’s fired her for pregnancy in 2007, triggering an Ohio Civil Rights Commission action.
- The Commission found a violation on November 15, 2012, after a trial before an ALJ.
- Napoli’s filed a petition for judicial review under R.C. 4112.06 on November 26, 2012.
- Service of the petition was made by regular mail, not through the clerk of courts.
- The trial court dismissed for lack of subject-matter jurisdiction, holding service had to be through the clerk within 30 days.
- The issue on appeal is whether service must follow Civ.R. 3 and 4 (one year) or adhere to the 30‑day statutory deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service must be through the clerk within 30 days under R.C. 4112.06(H). | Napoli’s argues Civ.R. 3 and 4 apply, giving one year for service. | Napoli’s must be served through the clerk within 30 days under 4112.06(H). | Civil Rules apply; not limited to 30 days. |
Key Cases Cited
- City of Cleveland v. Ohio Civil Rights Comm’n, 43 Ohio App.3d 153 (1988) (Civil Rules apply to service absent a clear statutory exception)
- Donn, Inc. v. Ohio Civil Rights Comm’n, 68 Ohio App.3d 561 (1991) (R.C. 4112.06 requires service through clerk; Civ.R. 3 and 4 apply)
- Ramsdell v. Ohio Civ. Rights Comm’n, 56 Ohio St.3d 24 (1990) (addressed binding effect of Civ.R. 6(E) on filing deadlines)