Middlebrook v. United Collection Bur., Inc.
2017 Ohio 8587
| Ohio Ct. App. | 2017Background
- Middlebrook was discharged from United Collection Bureau and applied for unemployment benefits; ODJFS determined she was ineligible for having been discharged with just cause.
- The Unemployment Compensation Review Commission affirmed the denial after a telephone hearing; the commission denied further review and Middlebrook appealed to the Franklin County Court of Common Pleas under R.C. 4141.282.
- The commission filed the certified administrative record with the trial court as required; the trial court affirmed the commission’s decision on January 24, 2017.
- Middlebrook did not timely appeal the trial-court judgment but later filed a Civ.R. 60(B) motion (April 2017), claiming she did not receive the certified record from ODJFS until months after the judgment and was thereby prevented from timely responding.
- The trial court denied the Civ.R. 60(B) motion; Middlebrook appealed the denial to the Tenth District Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B) provides relief from a trial-court judgment in an administrative appeal under R.C. 4141.282 | Middlebrook: delayed receipt of the certified administrative record (ODJFS error) prejudiced her and warrants relief under Civ.R. 60(B) | Appellees: Civ.R. 60(B) is not a permissible mechanism in a special statutory administrative appeal; civil rules that are clearly inapplicable do not govern | Court: Civ.R. 60(B) does not apply to administrative appeals reviewed under R.C. 4141.282; trial court properly denied relief |
Key Cases Cited
- Pryor v. Dir., Ohio Dept. of Job & Family Servs., 148 Ohio St.3d 1 (2016) (statute grants interested parties right to administrative appeal and trial court reviews certified record)