State Ex Rel. Electronic Classroom of Tomorrow v. Cuyahoga County Court of Common Pleas
129 Ohio St. 3d 30
| Ohio | 2011Background
- ECOT, Ohio’s first and largest Internet-based community school, relied largely on state/federal funds.
- ECOT contracted with Supportive Solutions for services beginning 2007-2008; ECOT paid $107,110 but Supportive Solutions claimed more.
- Supportive Solutions sued ECOT in Cuyahoga C.P. No. CV 08 652873 for various business-relations claims; Service Center joined and was later dismissed.
- ECOT did not raise political-subdivision immunity as an affirmative defense at trial; ECOT first raised it in January 2010 in a motion for partial summary judgment.
- Trial court granted partial summary judgment on fraud/intentional misrepresentation; jury later awarded damages totaling about $1.21 million against ECOT.
- ECOT appealed the denial of its motion to amend the answer; the appellate court stayed proceedings with a supersedeas bond; ECOT sought extraordinary relief in this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked jurisdiction while ECOT’s appeal was pending | ECOT | Suster/Sweeney | Yes; court lacked jurisdiction to adjudicate claims affected by the appeal. |
| Whether ECOT, as a community school, is a political subdivision entitled to a stay without bond under Civ.R. 62 | ECOT | Respondents | Yes; ECOT is a political subdivision and entitled to stay without bond. |
| Whether the trial court could proceed on claims potentially affected by ECOT’s immunity defense | ECOT | Supportive Solutions | No; those claims were within appellate jurisdiction and should not have proceeded. |
| Whether the portions of the judgment related to express-contract breach could be stayed without bond pending appeal | ECOT | Respondents | Yes; mandamus required stay without bond for the express-contract portion. |
Key Cases Cited
- State ex rel. Mayer v. Henson, 97 Ohio St.3d 276 (2002-Ohio-6323) (jurisdictional extraordinary relief when unlawful exercise of jurisdiction)
- State ex rel. Sapp v. Franklin Cty. Court of Appeals, 118 Ohio St.3d 368 (2008-Ohio-2637) (appeal divests trial court of jurisdiction for matters within review)
- In re S.J., 106 Ohio St.3d 11 (2005-Ohio-3215) (notice of appeal divests trial court of jurisdiction over issues under appellate review)
- In re Terrance P., 1997 (Ohio App.3d 489) (trial court lacks jurisdiction while appeal pending)
- Everhart v. McIntosh, 115 Ohio St.3d 195 (2007-Ohio-4798) (premature notice of appeal not always divesting jurisdiction; distinguish journalized orders)
- Geauga Cty. Bd. of Commrs. v. Milligan, 100 Ohio St.3d 366 (2003-Ohio-6608) (government entities entitled to stay without bond in certain appeals)
- State Fire Marshal v. Curl, 87 Ohio St.3d 568 (2000-Ohio-273) (stay-related relief for public entities)
- Ocasek v. Riley, 54 Ohio St.2d 488 (1978) (stay without bond when public entity appeals)
- Greater Hts. Academy v. Zelman, 522 F.3d 678 (6th Cir. 2008) (Ohio community schools are political subdivisions of the state)
- Nation Bldg. Tech. Acad. v. Ohio Dept. of Edn., 123 Ohio St.3d 35 (2009-Ohio-4084) (statutory framework for community schools as public schools)