688 N.E.2d 1084 | Ohio Ct. App. | 1996
Kelly Bartlett Hart is appealing the decision of the Common Pleas Court of Greene County, Ohio, to dismiss her appeal, pursuant to R.C.
The trial court dismissed Hart's appeal to it on the ground that she could prove no set of facts in support of her claim. Civ.R. 12(B)(6).
It is undisputed that Hart was terminated from her position as deputy clerk in the Fairborn Municipal Court when a new municipal judge took office. The Charter of the City of Fairborn provides that the unclassified service includes "court clerks." Section 4.02(c)(I.)(c). Appellant Hart argues that she should be permitted to have a hearing before the common pleas court pursuant to R.C.
The appellant argues that the title does not in and of itself place her into unclassified civil service and refers us toState ex rel. Shine v. Garofalo (1982),
Appellant's assignment of error is that the court erred in granting the appellee's motion to dismiss without an evidentiary hearing. Although we believe that the trial court should have handled this matter as a judgment on an appeal pursuant to the procedure set forth in R.C. Chapter 2506, rather than a decision on a motion to dismiss, we nevertheless find no error in the trial court's judgment since the hearing would not have been required under R.C. Chapter 2506 in any case.
The assignment of error is overruled and the judgment is affirmed.
Judgment affirmed.
WOLFF and GRADY, JJ., concur.