2005 Ohio 3384 | Ohio Ct. App. | 2005
Lead Opinion
{¶ 2} On March 8, 2004, appellee issued an adjudication order denying appellant's claim for disability leave benefits. On March 22, 2004, appellant filed a notice of appeal in the Franklin County Court of Common Pleas. On that same day, appellant also filed a notice of appeal with appellee. According to appellant, both notices of appeal are originals, although the certificate of service for the notice of appeal to the common pleas court indicates that a copy was sent to appellee.
{¶ 3} On December 15, 2004, appellee filed a motion to dismiss asserting that the common pleas court was without jurisdiction to hear the appeal because appellant did not file the original notice of appeal with the agency, thus, appellant's filing was deficient. The trial court granted the motion, noting that R.C.
Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the party's appeal. A copy of such notice of appeal shall also be filed by the appellant with the court.
{¶ 4} The trial court found that appellant had not strictly complied with the dual filing requirements set forth in R.C.
{¶ 5} Appellant appeals, assigning the following two assignments of error:
[1.] The decision of the common pleas court constituted an abuse of discretion because it was not supported by reliable, probative and substantial evidence, nor was it in accordance with law, insofar as the decision relied on a finding unsupported by adequate medical evidence that appellant was capable of performing her job duties.
[2.] The decision of the common pleas court constituted an abuse of discretion insofar as the granting of appellee's motion to dismiss for failure to file an original notice of appeal was not supported by reliable, probative and substantial evidence, nor was it in accordance with law.
{¶ 6} We shall address the second assignment of error first as it is dispositive. Therein, appellant argues that she filed an original notice of appeal with appellee, and not a copy. To support her claim, appellant cites to the original signature on the notice of appeal filed with appellee, and describes the differences between the notice of appeal filed with the common pleas court and that filed with appellee. Thus, according to appellant, the differences "between the two show that the notice of appeal filed with [appellee] could not have been a copy of the notice of appeal filed with [the court of common pleas]." (Appellant's Brief, at 5.) Appellant further argues that even if her filing was deficient, her case should not have been dismissed, relying solely upon the well-settled maxim that cases should be decided on their merits and not on mere procedural technicalities.
{¶ 7} Appellee counters by noting that the right of appeal from an administrative agency is conferred by statute, and as such, there must be strict compliance with the conditions of the statute before an appeal can be taken. Appellee argues that the plain language of the statute sets forth a dual filing requirement in order to perfect an appeal from an administrative agency covered by R.C.
{¶ 8} We agree with the rationale espoused by appellee. When the right to appeal is conferred by statute, the appeal can be perfected only in the mode prescribed by statute. Ramsdell v. Ohio Civil Rights Comm.
(1990),
{¶ 9} Similarly, this court has required strict compliance with the filing requirements of R.C.
{¶ 10} The gravamen of appellant's argument is that the two notices of appeal, both of which are originals, suffice under the statute. A review of R.C.
{¶ 11} Based on the above discussion, we conclude that by filing two original notices of appeal, appellant failed to comply with the requirements of R.C.
{¶ 12} Even if appellant had complied with the dual filing requirements set forth in R.C.
{¶ 13} As applied herein, appellant's notice of appeal referenced only the parties and the agency decision from which she was appealing. Nowhere, however, does appellant indicate any reason or basis for her appeal. Attaching the Adjudication Order from which she was appealing to her notice of appeal, standing alone, does not meet the requirement set forth in R.C.
{¶ 14} For the foregoing reasons, appellant's second assignment of error is overruled, the first assignment of error is moot, and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
Petree, J., concurs.
Bryant, J., concurring separately.
Concurrence Opinion
Had appellant filed two identical, original notices of appeal, one with the agency and one with the common pleas court, I would find it difficult to deny appellant her opportunity to appeal the agency's determination. Because, however, the two notices of appeal are not identical, I am hard pressed to conclude appellant filed a copy of the original with the common pleas court, and for that reason I concur in the majority's judgment affirming the judgment of the common pleas court.
