593 N.E.2d 306 | Ohio Ct. App. | 1990
Kertes Enterprises ("appellant") is appealing the dismissal of its appeal to the trial court from the decision rendered against it by the Planning and Zoning Commission of Orange Village ("appellee"). For the following reasons we reverse the judgment below and remand this case for further proceedings.
On August 19, appellant moved for judgment for appellee's failure to timely file the administrative record in accordance with R.C.
On May 18, 1989, appellant filed a praecipe and moved for leave to file a reply brief. Appellee moved for dismissal and moved to strike appellant's praecipe. On June 21, the court filed the following entry:
"The Clerk's Office is hereby ordered to correct the date of this Court's Order entered 12-12-88 and to send notice the [sic] parties thereof, said order to be effective 6-19-89. Due to the failure of the Clerk's Office to send notice of original order, appeal rights from said order begin to run on the date of this entry. Final."
Appellant appealed on July 14, and on November 27, this courtsua sponte ordered that the issue of whether a timely appeal was filed would be heard at oral argument.
The right to file an appeal is a property interest which may not be revoked absent due process of law. Atkinson v. GrummanOhio Corp. (1988),
"I. Whether the court of common pleas erred in granting appellee's motion to dismiss and in ruling that appellant was required to file a praecipe for the filing of the record of appeal.
"II. Whether the court of common pleas erred in concluding sub silentio that this appeal is governed by Chapter 2506, Ohio Revised Code.
"III. Whether the court of common pleas erred in denying appellant's motion for judgment and in ruling that appellee was not required to file the record on appeal."
Appellant contends the trial court erred in dismissing its appeal for failure to file a praecipe when R.C.
R.C. Chapter 2505 governs procedure on appeal. R.C.
Administrative appeals are specifically governed by R.C. Chapter 2506. Since this chapter contains a section which governs the filing of a transcript in an administrative appeal, it will apply pursuant to R.C.
In this case, however, appellant filed a praecipe, albeit untimely, pursuant to R.C.
The judgment of the trial court is reversed, and this cause is remanded for further proceedings consistent with this opinion.
Judgment reversedand cause remanded.
NAHRA, P.J., ANN McMANAMON and WALKER, JJ., concur.
ROBERT D. WALKER, J., retired, of the Hancock County Court of Common Pleas, sitting by assignment.