[Cite as Scott v. Akron Hous. Appeals Bd., 2019-Ohio-5333.]
STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )
JOYCE SCOTT, EXECUTRIX C.A. Nos. 29163 29274 Appellant
v. APPEAL FROM JUDGMENT AKRON HOUSING APPEALS BOARD ENTERED IN THE COURT OF COMMON PLEAS Appellee COUNTY OF SUMMIT, OHIO CASE No. CV-2018-04-1708
DECISION AND JOURNAL ENTRY
Dated: December 26, 2019
TEODOSIO, Presiding Judge.
{¶1} Joyce Scott appeals the judgment of the Summit County Court of Common Pleas
dismissing her administrative appeal and its order denying her motion for relief from judgment.
We affirm.
I.
{¶2} In March 2018, the City of Akron Housing Appeals Board ordered the demolition
of the structure located at 1291 Tampa Avenue. Joyce Scott appealed the decision to the Summit
County Court of Common Pleas, which dismissed the appeal pursuant to Loc.R. 19.03(D) of the
Court of Common Pleas of Summit County, General Division, for Ms. Scott’s failure to file her
assignments of error and brief. Ms. Scott appealed the judgment to this Court and also filed a
Civ.R. 60(B) motion for relief from judgment with the court of common pleas. We remanded to
the court of common pleas for consideration of the motion. 2
{¶3} The court of common pleas denied the motion, concluding that Ms. Scott had
failed to provide operative facts that would support her claim of a meritorious defense. Ms. Scott
subsequently appealed that decision to this Court, which we have consolidated with the prior
appeal. Each of Ms. Scott’s appeals raise one assignment of error, which are addressed
separately below.
II.
ASSIGNMENT OF ERROR (No. 29163)
THE TRIAL COURT ABUSED ITS DISCRETION BY DISMISSING APPELLANT’S ADMINISTRATIVE APPEAL.
{¶4} In her first assignment of error, Ms. Scott argues the court of common pleas
abused its discretion when it sua sponte dismissed her appeal for failure to file a brief. We
disagree.
{¶5} “We review the [court of common pleas’] interpretation or application of its local
rules for an abuse of discretion.” Meador v. Bath Twp., 9th Dist. Summit No. 25007, 2010–
Ohio–2570, ¶ 8. An abuse of discretion is more than an error of judgment; it means that the
court of common pleas was unreasonable, arbitrary, or unconscionable in its ruling. Blakemore
v. Blakemore, 5 Ohio St.3d 217, 219 (1983). When applying this standard, a reviewing court is
precluded from simply substituting its own judgment for that of the court of common pleas.
Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619, 621 (1993).
{¶6} The local rule relied upon by the court of common pleas provides: “Within thirty
(30) days after the filing of the Record of Proceedings with the Clerk, the appellant shall file its
assignments of error and brief * * *.” Loc.R. 19.03(A) of the Court of Common Pleas of
Summit County, General Division. The rule further instructs: “For good cause shown, the Court
may, upon motion, extend or otherwise modify the foregoing schedule. If the appellant fails to 3
file its brief and assignments of error within the time provided, the Court may dismiss the appeal
or otherwise dispose of the case as justice requires.” Loc.R. 19.03(D) of the Court of Common
Pleas of Summit County, General Division.
{¶7} The record of proceedings was filed on June 28, 2018. Pursuant to Loc.R.
19.03(A), Ms. Scott’s assignments of error and brief were due on or before July 30, 2018 (with
July 28, 2018, having fallen on a Saturday). Ms. Scott did not motion the court of common pleas
to extend or otherwise modify the briefing schedule, and on August 2, 2018, the court dismissed
the matter pursuant to Loc.R. 19.03(D).
{¶8} Ms. Scott relies on an Eighth District Court of Appeals case, A.G. & G. Co. v.
Cuyahoga Cty. Bd. of Revision, 47 Ohio App.3d 117 (8th Dist.1988), in support of her argument.
In A.G. & G., an administrative appeal had been filed with the Cuyahoga County Court of
Common Pleas, and pursuant to a local rule, the appellant had 20 days after the filing of the
transcript of proceedings to file its assignments of error and brief. Id. at 117; Local Rule 28(A)
of the Court of Common Pleas of Cuyahoga County, General Division. The appellant failed to
do so, and upon the appellee’s motion, the court of common pleas dismissed the appeal for
failure to comply with the local rule. Id. The Eighth District Court of Appeals reversed,
concluding that the common pleas court abused its discretion in dismissing the appeal, stating
that if found the sanction to be “disproportionately harsh.” Id. at 118.
{¶9} Although the case relied upon by Ms. Scott is merely persuasive authority, and
not mandatory authority, for this Court, we also note that the matter currently before us for
review is distinguishable. Unlike the Cuyahoga County local rule at issue in A.G. & G., the
Summit County local rule specifically warns that failure to file a brief and assignments of error
within the time provided may result in dismissal of the appeal. See Loc.R. 19.03(D) of the Court 4
of Common Pleas of Summit County, General Division. Appellant therefore had notice of the
possibility of dismissal.
{¶10} Ms. Scott has not asserted on appeal that she did not have sufficient notice of the
consequences of failing to file a brief, nor has she asserted that she was not served with the
notice of the filing of the record of proceedings. See Hodges v. Akron Dept. of Neighborhood
Assistance, 9th Dist. Summit No. 27246, 2015-Ohio-578, ¶ 11 (concluding that the court of
common pleas did not abuse its discretion when it dismissed an administrative appeal pursuant to
Loc.R. 19.03(D) for the appellant’s failure to file a timely brief). We therefore conclude the
court of common pleas did not abuse its discretion in dismissing the administrative appeal.
{¶11} Ms. Scott’s first assignment of error is overruled.
ASSIGNMENT OF ERROR (No. 29274)
THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING THE APPELLANT’S MOTION FOR RELIEF FROM JUDGMENT.
{¶12} In her second assignment of error, Ms. Scott argues the court of common pleas
abused its discretion by denying her motion for relief from judgment. We do not reach the
merits of this assignment of error as we conclude that a Civ.R. 60(B) motion for relief from
judgment is inapplicable to an administrative appeal and is properly denied.
{¶13} Civ.R. 1(A) provides that the civil rules prescribe the procedure to be followed in
all courts of the state, with certain exceptions stated in division (C) of the rule. Civ.R. 1(C)
provides that the rules, “to the extent that they would by their nature be clearly inapplicable, shall
not apply to procedure * * * [in] special statutory proceedings * * *.” See Middlebrook v. United
Collection Bureau, Inc., 10th Dist. Franklin No. 17AP-280, 2017-Ohio-8587, ¶ 8, citing
Ferguson v. State, 151 Ohio St.3d 265, 2017-Ohio-7844, ¶ 21 (“The civil rules do not apply 5
when a procedural statute governs a special statutory proceeding and that statute renders the civil
rule at issue ‘clearly inapplicable.’”).
{¶14} “An administrative appeal filed pursuant to statute is a special statutory
proceeding.” Id. “R.C. Chapter 119 relates to administrative procedures generally and sets forth
specifically at R.C. 119.12 the statutory proceedings for these administrative appeals: ‘The
Free access — add to your briefcase to read the full text and ask questions with AI
[Cite as Scott v. Akron Hous. Appeals Bd., 2019-Ohio-5333.]
STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )
JOYCE SCOTT, EXECUTRIX C.A. Nos. 29163 29274 Appellant
v. APPEAL FROM JUDGMENT AKRON HOUSING APPEALS BOARD ENTERED IN THE COURT OF COMMON PLEAS Appellee COUNTY OF SUMMIT, OHIO CASE No. CV-2018-04-1708
DECISION AND JOURNAL ENTRY
Dated: December 26, 2019
TEODOSIO, Presiding Judge.
{¶1} Joyce Scott appeals the judgment of the Summit County Court of Common Pleas
dismissing her administrative appeal and its order denying her motion for relief from judgment.
We affirm.
I.
{¶2} In March 2018, the City of Akron Housing Appeals Board ordered the demolition
of the structure located at 1291 Tampa Avenue. Joyce Scott appealed the decision to the Summit
County Court of Common Pleas, which dismissed the appeal pursuant to Loc.R. 19.03(D) of the
Court of Common Pleas of Summit County, General Division, for Ms. Scott’s failure to file her
assignments of error and brief. Ms. Scott appealed the judgment to this Court and also filed a
Civ.R. 60(B) motion for relief from judgment with the court of common pleas. We remanded to
the court of common pleas for consideration of the motion. 2
{¶3} The court of common pleas denied the motion, concluding that Ms. Scott had
failed to provide operative facts that would support her claim of a meritorious defense. Ms. Scott
subsequently appealed that decision to this Court, which we have consolidated with the prior
appeal. Each of Ms. Scott’s appeals raise one assignment of error, which are addressed
separately below.
II.
ASSIGNMENT OF ERROR (No. 29163)
THE TRIAL COURT ABUSED ITS DISCRETION BY DISMISSING APPELLANT’S ADMINISTRATIVE APPEAL.
{¶4} In her first assignment of error, Ms. Scott argues the court of common pleas
abused its discretion when it sua sponte dismissed her appeal for failure to file a brief. We
disagree.
{¶5} “We review the [court of common pleas’] interpretation or application of its local
rules for an abuse of discretion.” Meador v. Bath Twp., 9th Dist. Summit No. 25007, 2010–
Ohio–2570, ¶ 8. An abuse of discretion is more than an error of judgment; it means that the
court of common pleas was unreasonable, arbitrary, or unconscionable in its ruling. Blakemore
v. Blakemore, 5 Ohio St.3d 217, 219 (1983). When applying this standard, a reviewing court is
precluded from simply substituting its own judgment for that of the court of common pleas.
Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619, 621 (1993).
{¶6} The local rule relied upon by the court of common pleas provides: “Within thirty
(30) days after the filing of the Record of Proceedings with the Clerk, the appellant shall file its
assignments of error and brief * * *.” Loc.R. 19.03(A) of the Court of Common Pleas of
Summit County, General Division. The rule further instructs: “For good cause shown, the Court
may, upon motion, extend or otherwise modify the foregoing schedule. If the appellant fails to 3
file its brief and assignments of error within the time provided, the Court may dismiss the appeal
or otherwise dispose of the case as justice requires.” Loc.R. 19.03(D) of the Court of Common
Pleas of Summit County, General Division.
{¶7} The record of proceedings was filed on June 28, 2018. Pursuant to Loc.R.
19.03(A), Ms. Scott’s assignments of error and brief were due on or before July 30, 2018 (with
July 28, 2018, having fallen on a Saturday). Ms. Scott did not motion the court of common pleas
to extend or otherwise modify the briefing schedule, and on August 2, 2018, the court dismissed
the matter pursuant to Loc.R. 19.03(D).
{¶8} Ms. Scott relies on an Eighth District Court of Appeals case, A.G. & G. Co. v.
Cuyahoga Cty. Bd. of Revision, 47 Ohio App.3d 117 (8th Dist.1988), in support of her argument.
In A.G. & G., an administrative appeal had been filed with the Cuyahoga County Court of
Common Pleas, and pursuant to a local rule, the appellant had 20 days after the filing of the
transcript of proceedings to file its assignments of error and brief. Id. at 117; Local Rule 28(A)
of the Court of Common Pleas of Cuyahoga County, General Division. The appellant failed to
do so, and upon the appellee’s motion, the court of common pleas dismissed the appeal for
failure to comply with the local rule. Id. The Eighth District Court of Appeals reversed,
concluding that the common pleas court abused its discretion in dismissing the appeal, stating
that if found the sanction to be “disproportionately harsh.” Id. at 118.
{¶9} Although the case relied upon by Ms. Scott is merely persuasive authority, and
not mandatory authority, for this Court, we also note that the matter currently before us for
review is distinguishable. Unlike the Cuyahoga County local rule at issue in A.G. & G., the
Summit County local rule specifically warns that failure to file a brief and assignments of error
within the time provided may result in dismissal of the appeal. See Loc.R. 19.03(D) of the Court 4
of Common Pleas of Summit County, General Division. Appellant therefore had notice of the
possibility of dismissal.
{¶10} Ms. Scott has not asserted on appeal that she did not have sufficient notice of the
consequences of failing to file a brief, nor has she asserted that she was not served with the
notice of the filing of the record of proceedings. See Hodges v. Akron Dept. of Neighborhood
Assistance, 9th Dist. Summit No. 27246, 2015-Ohio-578, ¶ 11 (concluding that the court of
common pleas did not abuse its discretion when it dismissed an administrative appeal pursuant to
Loc.R. 19.03(D) for the appellant’s failure to file a timely brief). We therefore conclude the
court of common pleas did not abuse its discretion in dismissing the administrative appeal.
{¶11} Ms. Scott’s first assignment of error is overruled.
ASSIGNMENT OF ERROR (No. 29274)
THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING THE APPELLANT’S MOTION FOR RELIEF FROM JUDGMENT.
{¶12} In her second assignment of error, Ms. Scott argues the court of common pleas
abused its discretion by denying her motion for relief from judgment. We do not reach the
merits of this assignment of error as we conclude that a Civ.R. 60(B) motion for relief from
judgment is inapplicable to an administrative appeal and is properly denied.
{¶13} Civ.R. 1(A) provides that the civil rules prescribe the procedure to be followed in
all courts of the state, with certain exceptions stated in division (C) of the rule. Civ.R. 1(C)
provides that the rules, “to the extent that they would by their nature be clearly inapplicable, shall
not apply to procedure * * * [in] special statutory proceedings * * *.” See Middlebrook v. United
Collection Bureau, Inc., 10th Dist. Franklin No. 17AP-280, 2017-Ohio-8587, ¶ 8, citing
Ferguson v. State, 151 Ohio St.3d 265, 2017-Ohio-7844, ¶ 21 (“The civil rules do not apply 5
when a procedural statute governs a special statutory proceeding and that statute renders the civil
rule at issue ‘clearly inapplicable.’”).
{¶14} “An administrative appeal filed pursuant to statute is a special statutory
proceeding.” Id. “R.C. Chapter 119 relates to administrative procedures generally and sets forth
specifically at R.C. 119.12 the statutory proceedings for these administrative appeals: ‘The
judgment of the court shall be final and conclusive unless reversed, vacated, or modified on
appeal.’” (Emphasis sic.) Buchler v. Ohio Dept. of Commerce, 110 Ohio App.3d 20, 22 (8th
Dist.1996), quoting R.C. 119.12. “Because a motion for relief from judgment under Civ.R.
60(B) is inconsistent with this specific statutory provision and because R.C. 119.12 does not
provide for a motion for relief from judgment of a court on an administrative appeal, Civ.R.
60(B) does not apply to administrative appeals, and the trial court in this instance lacked the
ability to entertain the motion for relief from its original judgment.” Id.; see also Middlebrook at
¶ 8 (“[B]ecause a common pleas court acts as an appellate court in matters of administrative
review, application of Civ.R. 60(B) would be inappropriate in such a context.”). Consequently,
“Civ.R. 60(B) is not a permissible mechanism to challenge a common pleas court’s judgment in
an administrative appeal.” Middlebrook at ¶ 8.
{¶15} Because we conclude that a Civ.R. 60(B) motion for relief from judgment was
inapplicable to this administrative appeal, Ms. Scott’s second assignment of error is overruled.
III.
{¶16} Ms. Scott’s assignments of error are overruled. The judgment of the Summit
County Court of Common Pleas is affirmed.
Judgment affirmed. 6
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
THOMAS A. TEODOSIO FOR THE COURT
CARR, J. HENSAL, J. CONCUR.
APPEARANCES:
ALAN M. MEDVICK, Attorney at Law, for Appellant.
EVE V. BELFANCE, Director of Law, and JOHN R. YORK and BRIAN D. BREMER, Assistant Directors of Law, for Appellee.