2013 Ohio 2317
Ohio Ct. App.2013Background
- Makris, pro se, appeals a Mahoning County Common Pleas Court dismissal of his administrative unemployment appeal.
- Final administrative decision was sent September 1, 2010; review period for appeal to common pleas was 30 days under R.C. 4141.282(A).
- Appellant filed his appeal with the court of common pleas on November 23, 2010, outside the 30-day deadline.
- The Review Commission had affirmed dismissal on September 1, 2010; Appellant did not timely respond to keep the order from becoming final.
- The trial court dismissed the appeal for lack of jurisdiction on February 16, 2011; a Civ.R. 12(B)(1) motion was used.
- On appeal, the court held that timely filing is mandatory to invoke jurisdiction and that failure to timely file defeats jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of filing to invoke jurisdiction | Makris contends timely filing was assertedly misapplied | Director asserts untimely filing defeats jurisdiction | Timeliness governs; dismissal affirmed |
| Whether the 30-day filing requirement is jurisdictional | Makris argues there was confusion about dates | Commission's deadline is mandatory to invoke jurisdiction | Mandatory timely filing required |
| Effect of failure to attend timeliness hearing | Appellant argues good cause or lack of opportunity to present | Failure to attend waives arguments on timeliness | Waiver due to non-appearance; no review on timeliness |
| Standard of review for Civ.R. 12(B)(1) dismissal | Not expressly presented beyond misunderstanding of dates | Dismissal proper for lack of subject-matter jurisdiction | De novo review; dismissal proper |
| Whether Appellant raised reversible error in trial court | Briefs unclear; alleged miscommunication among agencies | Record shows final order 9/1/2010 and untimely appeal | No reversible error; judgment affirmed |
Key Cases Cited
- Kosky v. Am. Gen. Corp., 2004-Ohio-1541 (7th Dist.) (burden on claimant to prove entitlement; statutory appeal path)
- Tzangas, Plakas & Mannos v. Ohio Bur. of Emp. Servs., 73 Ohio St.3d 694 (1995) (standard for appellate review of unemployment decisions)
- Zier v. Bureau of Unemployment Compensation, 151 Ohio St. 123 (1949) (timeliness to invoke jurisdiction is essential)
- Nicoll v. Ohio Dept. of Job & Family Servs., 2011-Ohio-5207 (2d Dist.) (waiver of timeliness review due to non-appearance)
- Morway v. Durkin, 181 Ohio App.3d 195 (7th Dist.) (jurisdictional questions reviewed de novo)