Wilkes v. Williams

CourtOhio Court of Appeals
DecidedMay 12, 2026
Docket25AP-743
StatusPublished

This text of Wilkes v. Williams (Wilkes v. Williams) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkes v. Williams, (Ohio Ct. App. 2026).

Opinion

[Cite as Wilkes v. Williams, 2026-Ohio-1727.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

Katrina Wilkes, :

Plaintiff-Appellant, : No. 25AP-743 v. : (M.C. No. 2025 CVF 30806)

Charah Williams et al., : (REGULAR CALENDAR)

Defendants-Appellees. :

D E C I S I O N

Rendered on May 12, 2026

On brief: Katrina Wilkes, pro se. Argued: Katrina Wilkes.

On brief: Cassone Law Offices, LLC, and Michael J. Cassone, for appellees. Argued: Michael J. Cassone.

APPEAL from the Franklin County Municipal Court

EDELSTEIN, J. {¶ 1} Plaintiff-appellant, Katrina Wilkes, appeals from the September 9, 2025 judgment of the Franklin County Municipal Court dismissing her complaint against defendants-appellees, Charah Williams and Tamara Perry, sua sponte, for lack of subject- matter jurisdiction. For the following reasons, we affirm. I. FACTS AND PROCEDURAL OVERVIEW {¶ 2} On June 25, 2025, Ms. Wilkes filed a complaint against appellees, alleging a breach of the Ohio Landlord-Tenant Law under R.C. 5321.02 (retaliatory conduct by landlord). Ms. Wilkes’s prayer for relief sought $15,000 in damages from Ms. Williams and $15,000 in damages from Ms. Perry. On September 9, 2025, the trial court entered a judgment dismissing Ms. Wilkes’s complaint, sua sponte, for lack of subject-matter jurisdiction. Specifically, the trial court noted R.C. 1901.17 limits a municipal court’s No. 25AP-743 2

jurisdiction “to claims that ‘do[] not exceed fifteen thousand dollars.’ ” (Sept. 9, 2025 Entry, quoting R.C. 1901.17.) The trial court found that “[b]ecause [Ms. Wilkes] is suing for $30,000, it is without question that this Court does not have jurisdiction over this claim as it exceeds the Court’s monetary jurisdiction.” (Sept. 9, 2025 Entry.) {¶ 3} Ms. Wilkes now appeals from that judgment and asserts the following sole assignment of error for our review:

APPELLEES’ COUNSEL, MICHAEL J. CASSONE, DIRECT AND BLATANT VIOLATION OF THE OHIO APPELLATE PROCEDURE, RULE 18, DIVISION(A).

(Emphasis omitted.) (Sic passim.) (Appellant’s Brief at I.)

{¶ 4} As an initial matter, we note that Ms. Wilkes’s brief fails to comply with App.R. 16(A)(3) and 16(A)(7). Under App.R. 12(A)(2), we are permitted to “disregard an assignment of error presented for review if the party raising it fails to identify in the record the error on which the assignment of error is based or fails to argue the assignment separately in the brief, as required under App.R. 16(A).” See also App.R. 12(A)(1)(b) (requiring appellate courts to “[d]etermine the appeal on its merits on the assignments of error set forth in the briefs under App.R. 16”). {¶ 5} Ms. Wilkes’s statement of her sole assignment of error is procedurally deficient because it does not “identify in the record the error on which the assignment of error is based.” App.R. 12(A)(2). See also App.R. 16(A)(3). Appellants bear the burden of demonstrating error on appeal by reference to the record of the proceedings below and must designate specific rulings by the trial court challenged on appeal. See, e.g., Lee v. Ohio Dept. of Job & Family Servs., 2006-Ohio-6658, ¶ 9 (10th Dist.); In re Guardianship of Williams, 2022-Ohio-617, ¶ 26 (8th Dist.). Here, Ms. Wilkes does not attribute error to the trial court’s sua sponte dismissal of her complaint for lack of subject-matter jurisdiction or otherwise address the statutory limits on a trial court’s jurisdiction to hear claims that exceed $15,000. {¶ 6} App.R. 16(A)(7) mandates that an appellant’s brief include “[a]n argument containing the contentions of the appellant with respect to each assignment of error presented for review and the reasons in support of the contentions, with citations to the authorities, statutes, and parts of the record on which appellant relies.” Thus, Ms. Wilkes’s No. 25AP-743 3

brief is also substantively deficient because she has not provided any cognizable argument or legal authority that would support reversal of the trial court’s September 9, 2025 judgment. Instead, her brief mostly comprises of accusations against appellees’ counsel, the trial court judge, and two judges of this court, the veracity of which is not properly before us on appeal. {¶ 7} Based on Ms. Wilkes’s noncompliance with App.R. 16(A)(3) and (7), we could disregard and summarily overrule her assignment of error. See App.R. 12(A)(2). See also Angus v. Angus, 2015-Ohio-2538, ¶ 10 (10th Dist.), citing CitiMortgage, Inc. v. Asamoah, 2012-Ohio-4422, ¶ 5 (10th Dist.); Tonti v. Tonti, 2007-Ohio-2658, ¶ 2 (10th Dist.). “Many times, however, appellate courts instead review the appealed judgment using the appellants’ arguments in the interest of serving justice.” Angus at ¶ 10. That said, if we “cannot understand an appellant’s arguments, [we] cannot grant relief.” Id., citing State v. Dunlap, 2005-Ohio-6754, ¶ 10 (10th Dist.). And, while we “will construe pro se filings generously, appellate courts cannot construct legal arguments for an appellant.” Id., citing Williams v. Barrick, 2008-Ohio-4592, ¶ 24 (1oth Dist.) and Miller v. Johnson & Angelo, 2002-Ohio-3681, ¶ 2 (10th Dist.). {¶ 8} Notwithstanding the deficiencies in Ms. Wilkes’s brief, in the interest of justice, we will review the propriety of the trial court’s sua sponte dismissal of her complaint for lack of subject-matter jurisdiction. II. ANALYSIS {¶ 9} At issue here is whether the trial court had subject-matter jurisdiction over the case below. For the reasons that follow, we find the trial court correctly determined it did not. A. Controlling Legal Standards {¶ 10} The standard of review for dismissal pursuant to Civ.R. 12(B)(1) is whether any cause of action cognizable by the forum has been raised in the complaint. State ex rel. Bush, 42 Ohio St.3d 77, 80 (1989); Nacelle Land & Mgt. Corp. v. Ohio Dept. of Natural Resources, 65 Ohio App.3d 481, 483 (10th Dist. 1989); Cotten v. Ohio Dept. of Rehab. & Corr., 2018-Ohio-3392, ¶ 6 (10th Dist.). No. 25AP-743 4

{¶ 11} Subject-matter jurisdiction refers to a court’s power to entertain and decide a particular class of cases on the merits.1 State v. Harper, 2020-Ohio-2913, ¶ 23; Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275, ¶ 19, citing Morrison v. Steiner, 32 Ohio St.2d 86, 87 (1972). Because a court is powerless to hear a case without subject-matter jurisdiction, “ ‘[a] court’s subject-matter jurisdiction is determined without regard to the rights of the individual parties involved in a particular case.’ ” Corder v. Ohio Edison Co., 2020-Ohio- 5220, ¶ 14, quoting Kuchta at ¶ 19. “Instead, ‘the focus is on whether the forum itself is competent to hear the controversy.’ ” Id. at ¶ 14, quoting Harper at ¶ 23, citing 18A Wright, Miller & Cooper, Federal Practice and Procedure, Section 4428, at 6 (3d Ed. 2017) (“Jurisdictional analysis should be confined to the rules that actually allocate judicial authority among different courts.”). Simply put, the existence of subject-matter jurisdiction is a “ ‘ “condition precedent to [any] court’s ability to hear the case. If a court acts without jurisdiction, then any proclamation by that court is void.” ’ ” Harper at ¶ 23, quoting Pratts v. Hurley, 2004-Ohio-1980, ¶ 11, quoting State ex rel. Tubbs Jones v. Suster, 84 Ohio St.3d 70, 75 (1998). {¶ 12} An appellate court reviews the issue of subject-matter jurisdiction de novo. Hulbert v. Buehrer, 2017-Ohio-844, ¶ 12 (10th Dist.), quoting Klosterman v. Turnkey- Ohio, L.L.C., 2009-Ohio-2508, ¶ 19 (10th Dist.). See also Pointer v. Smith, 2021-Ohio- 2247, ¶ 8 (10th Dist.), citing Pankey v. Ohio Dept. of Rehab. & Corr., 2014-Ohio-2907, ¶ 7 (10th Dist.). De novo review requires an appellate court to independently review the trial court’s decision without any deference to the trial court’s determination. See, e.g., Dunlop v. Ohio Dept. of Job & Family Servs., 2012-Ohio-1378, ¶ 4 (10th Dist.); Temethy v. Ohio Dept.

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Related

Pankey v. Ohio Dept. of Rehab. & Corr.
2014 Ohio 2907 (Ohio Court of Appeals, 2014)
Tonti v. Tonti, 06ap-732 (5-31-2007)
2007 Ohio 2658 (Ohio Court of Appeals, 2007)
State v. Dunlap, Unpublished Decision (12-20-2005)
2005 Ohio 6754 (Ohio Court of Appeals, 2005)
Williams v. Barrick, 08ap-133 (9-11-2008)
2008 Ohio 4592 (Ohio Court of Appeals, 2008)
Williams Creek Homeowners Assn. v. Zweifel, 07ap-689 (4-24-2008)
2008 Ohio 2434 (Ohio Court of Appeals, 2008)
Hulbert v. Buehrer
2017 Ohio 844 (Ohio Court of Appeals, 2017)
Cotten v. Dept. of Corr. & Rehab.
2018 Ohio 3392 (Ohio Court of Appeals, 2018)
In re Guardianship of Williams
2022 Ohio 617 (Ohio Court of Appeals, 2022)
Morrison v. Steiner
290 N.E.2d 841 (Ohio Supreme Court, 1972)
Behrle v. Beam
451 N.E.2d 237 (Ohio Supreme Court, 1983)
State ex rel. Bush v. Spurlock
537 N.E.2d 641 (Ohio Supreme Court, 1989)
State ex rel. Tubbs Jones v. Suster
701 N.E.2d 1002 (Ohio Supreme Court, 1998)
Temethy v. Dept. Job & Family Servs.
2026 Ohio 930 (Ohio Court of Appeals, 2026)

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Bluebook (online)
Wilkes v. Williams, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkes-v-williams-ohioctapp-2026.