2021 Ohio 2323
Ohio Ct. App.2021Background
- Summers filed three discrimination complaints with the Ohio Civil Rights Commission; after reconsideration the Commission mailed decisions on August 27, 2020 (no probable cause in two matters; no jurisdiction in the third).
- Summers filed a request for judicial review under R.C. 4112.06 in the Franklin County Court of Common Pleas on September 30, 2020.
- Appellees moved to dismiss on November 5, 2020, arguing the trial court lacked jurisdiction because Summers’ judicial-review filing was untimely under the 30-day statutory deadline.
- Summers did not respond to the motion to dismiss; the trial court granted the motion on November 25, 2020, concluding Summers filed after the 30-day period and the court therefore lacked jurisdiction.
- Summers appealed on December 9, 2020; the appellate court dismissed the appeal because Summers’ appellate brief failed to comply with App.R. 16 and the court’s Local Rules (no assignments of error, no statement of facts, no table of authorities, and record exhibits were not a substitute).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction/timeliness under R.C. 4112.06 | (No responsive argument in trial court; filed Sept 30) | Filing was after 30-day deadline from Commission order; trial court lacks jurisdiction | Court held filing was untimely and trial court lacked jurisdiction, so dismissal was proper |
| Sufficiency of appellate brief (App.R. 16, Loc.R. 8) | Brief included exhibits but omitted assignments of error, statement of facts, table of authorities | Brief failed to substantially comply with appellate rules; noncompliance warrants dismissal | Court dismissed appeal for failure to include required sections (assignments of error, statement of facts, etc.) |
| Effect of pro se status on procedural requirements | Pro se litigant implicitly sought leniency | Appellees argued pro se status does not excuse compliance | Court reiterated that pro se litigants are held to same procedural standards and are not entitled to special treatment |
Key Cases Cited
- None with official reporter citations were cited as authorities in the opinion (the decision primarily cites Ohio slip/appellate opinions and local-rule authority).