598 N.E.2d 75 | Ohio Ct. App. | 1991
Appellant, Bruce Collyer, appeals from a judgment of the Franklin County Court of Common Pleas vacating the order of the State Personnel Board of Review.
Appellant was employed by appellee, Broadview Developmental Center ("Broadview"), a facility operated by the Ohio Department of Mental Retardation and Developmental Disabilities. In 1988, Broadview required appellant to attend a psychiatric examination, ostensively to determine whether he was able to perform his job. Following this examination, appellant was placed on administrative leave and was later given a medical leave of absence. In 1989, appellant was again examined and, following this examination, he was notified that he would be given a disability separation, pursuant to Ohio Adm. Code
Appellant appealed to the State Personnel Board of Review ("board"). Relying on Ohio Adm. Code
Broadview filed a notice of appeal in the Franklin County Court of Common Pleas. Broadview stated that the appeal was taken under the authority of R.C.
"I. The trial court erred in vacating the order of the State Personnel Board of Review.
"II. The trial court erred in overruling the motion of appellant, Bruce Collyer, to dismiss the appeal of the Broadview Developmental Center for lack of jurisdiction in the Franklin County Court of Common Pleas."
Although we are inclined to agree with appellant's contention that a disability separation is a suspension or removal reviewable under R.C.
There is no inherent right to appeal from a judgment rendered in an administrative adjudication. Such a right must be expressly conferred by statute or the Constitution. Corn v. Bd.of Liquor Control (1953),
Broadview's reference in the notice of appeal to R.C.
Broadview's reliance on R.C.
Finally, Broadview maintains that the common pleas court could exercise jurisdiction under the provisions of the Ohio Administrative Procedure Act, R.C. Chapter 119. This section does not clothe the common pleas court with subject matter jurisdiction in this case. R.C.
Broadview asserts that the Supreme Court modified theOsborn holding in Hamilton Cty. Bd. of Mental Retardation Developmental Disabilities v. Professionals Guild of Ohio
(1989),
Appellant's assignments of error are sustained only to the extent that we find that the Franklin County Court of Common Pleas lacked subject matter jurisdiction over Broadview's appeal. The judgment of the Franklin County Court of Common Pleas is reversed, and the cause is remanded with instructions that Broadview's appeal be dismissed.
Judgment reversedand cause remanded.
WHITESIDE and McCORMAC, JJ., concur. *103