In re A.J.F.
110 N.E.3d 42
Ohio Ct. App.2018Background
- Juvenile delinquency complaints were filed in Lake County against A.J.F.: disorderly conduct (pleaded true; assault dismissed) and sexual imposition (adjudicated delinquent after hearing).
- Lake County magistrate decisions were adopted on June 9, 2016; cases were transferred to Geauga County for final disposition on September 13, 2016, pursuant to Juv.R. 11 and R.C. 2151.271.
- Geauga County entered a dispositional order on October 7, 2016. Appellant’s counsel filed notices of appeal on November 7, 2016, but they were filed in Lake County rather than in Geauga County.
- The appellate record before this court contained only the Lake County file (not the Geauga dispositional record); the notices of appeal were effectively duplicate and proceeded as two appellate case captions.
- The court concluded it lacked jurisdiction because the final, appealable order was entered by Geauga County and the notice of appeal was not filed in that tribunal; appellate counsel sought to withdraw under Anders.
- The court dismissed the appeals without reaching merits, advised appellant of the option to seek leave for a delayed appeal in the proper tribunal (now back in Lake County after a later transfer), and noted procedural avenues for relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeals were properly filed to invoke this court's jurisdiction | Appellant argued he timely appealed the October 7 dispositional entry by filing notices of appeal (filed in Lake County clerk) | State argued the final order was in Geauga County and notices must be filed in that court to perfect appeal | Held: Appeal not perfected in correct tribunal; appellate jurisdiction lacking and appeals dismissed |
| Whether lack of a full record (Geauga dispositional record absent) permits Anders review | Appellant (via counsel) implied no meritorious issues in the Lake County record | State implied incomplete record prevents full appellate review | Held: Without the full record and without proper filing, court could not perform full Anders review or substantive review |
| Whether a filing in the wrong county/tribunal can be treated as timely | Appellant pointed to equitable analogies where clerical or ministerial errors were excused | State emphasized jurisdictional nature of filing in the correct tribunal and cited precedent requiring filing in issuing court | Held: Distinguishing prior cases, this court refused to excuse filing in wrong tribunal here and declined to treat it as properly filed |
| Relief available to appellant after dismissal | Appellant sought withdrawal of counsel and suggested appeal | State maintained dismissal appropriate but noted appellant may seek delayed appeal | Held: Appeals dismissed; court advised appellant may move for leave for delayed appeal in the proper tribunal (now Lake County) per App.R. 5(A) |
Key Cases Cited
- In re Sekulich, 65 Ohio St.2d 13 (1981) (finding that a delinquency adjudication without disposition is not a final appealable order)
- Welsh Dev. Co., Inc. v. Warren Cty. Regional Planning Comm., 128 Ohio St.3d 471 (2011) (filing occurs upon actual and timely delivery to the correct tribunal)
- State ex rel. Curran v. Brookes, 142 Ohio St. 107 (1943) (timely filing of notice of appeal in the lower court is jurisdictional to perfect an appeal)
- State v. Nickles, 159 Ohio St. 353 (1953) (criminal appeal is perfected when notice is timely filed with the lower court)
- In re S.J., 106 Ohio St.3d 11 (2005) (Anders procedure requires appellate court to examine entire record to determine frivolousness)