Zier v. Bureau of Unemployment Comp., 84 N.E.2d 746 (Ohio 1949). · Go Syfert
Zier v. Bureau of Unemployment Comp., 84 N.E.2d 746 (Ohio 1949). Cases Citing This Book View Copy Cite
256 citation events (161 in the last 25 years) across 6 distinct courts.
Strongest positive: Robinson v. Ohio Dept. of Job & Family Servs. (ohioctapp, 2026-06-04)
Treatment trajectory · 1949 → 2026 · click a year to view as-of
1949 1987 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
cited Cited as authority (rule) Robinson v. Ohio Dept. of Job & Family Servs.
Ohio Ct. App. · 2026 · confidence medium
Comm., 2013-Ohio-2317, ¶ 8 (7th Dist.), quoting Zier v. Bur. of Unemployment Comp., 151 Ohio St. 123, 125 (1949).
cited Cited as authority (rule) MedCorp, Inc. v. Ohio Department of Job & Family Services
Ohio · 2009 · confidence medium
(Emphasis added.) Zier at 124, 126-127, 38 O.O. 573 , 84 N.E.2d 746 , quoting Section 1346-4, General Code. {¶ 32} However, the terms “grounds” and “errors” are not synonymous.
discussed Cited as authority (rule) Griffith v. J.C. Penney Co.
Ohio · 1986 · confidence medium
See McCruter v. Bd. of Review (1980), 64 Ohio St. 2d 277, 279 [ 18 O.O.3d 463 ]; Holmes v. Union Gospel Press (1980), 64 Ohio St. 2d 187, 188 [ 18 O.O.3d 405 ]; Zier v. Bur. of Unemployment Comp. (1949), 151 Ohio St. 123, 125 [ 38 O.O. 573 ].
discussed Cited as authority (rule) James Loudermill v. Cleveland Board of Education, Richard Donnelly v. Parma Board of Education (2×)
6th Cir. · 1983 · confidence medium
Zier v. Bureau of Unemployment Compensation, 151 Ohio St. 123, 125 , 84 N.E.2d 746, 748 (1949) (requirement to file timely notice of appeal is a "condition precedent" to jurisdiction). 11 Although the Ohio trial and appellate courts in the instant case did not use "without prejudice" terminology, the appellate court clearly indicated that the action was barred on the jurisdictional ground specified above.
discussed Cited as authority (rule) Ryan v. Andrews
Ohio Ct. App. · 1976 · confidence medium
R. 1(C). 3 Collins v. Millen (1897), 57 Ohio St. 289 ; American Restaurant & Lunch Co. v. Glander (1946), 147 Ohio St. 147 ; Zier v. Bureau of Unemployment Compensation (1949), 151 Ohio St. 123 ; Zephyr Room, Inc., v. Bowers (1955), 164 Ohio St. 287 ; Fineberg v. Kosydar (1975), 44 Ohio St. 2d 1 ; Todd v. Garnes (1975), 44 Ohio St. 2d 56 . 4 Zier v. Bureau of Unemployment Compensation, supra, note 3. 5 Civ.
discussed Cited "see" Gardner v. Veterinary Med. Licensing Bd., Unpublished Decision (12-9-2002)
Ohio Ct. App. · 2002 · signal: see · confidence high
See Zier v. Bur. of Unemployment Comp. (1949), 151 Ohio St. 123 , 125 . {¶ 13} Here, it is undisputed that the board mailed its order permanently revoking Gardner's license to Gardner and his attorney on February 20, 2002.
discussed Cited "see" Village of Waterville v. Spencer Township (2×)
Ohio · 1974 · signal: see · confidence high
See Zier v. Bureau of Unemployment Compensation (1949), 151 Ohio St. 123 , 84 N. E. 2d 746 .
cited Cited "see" Champ v. Keller
Ohio Ct. App. · 1965 · signal: see · confidence high
See, generally, Zier v. Bureau of Unemployment Compensation, 151 Ohio St. 123 ; Szekely v. Young, Admr., 174 Ohio St. 213 .
discussed Cited "see, e.g." Morris v. Ohio Real Estate Appraiser Bd., Unpublished Decision (12-19-2006)
Ohio Ct. App. · 2006 · signal: see also · confidence low
See, also, Zier v. Bur. of Unemployment Comp. (1949), 151 Ohio St. 123 , paragraph one of the syllabus; Proctor v. Giles (1980), 61 Ohio St.2d 211 . {¶ 13} In Smith , affirming the judgment of the common pleas court that dismissed the appellant's appeal for lack of jurisdiction, this court stated: "[B]y its terms, R.C. 119.12 requires that a notice of appeal, not a copy of a notice of appeal, be filed with the agency and a copy of the notice be filed with the court within the fifteen-day period. * * * This court has previously held that the requirement that the notice of appeal be filed with …
Retrieving the full opinion text from the archive…
Zier, Appellee,
v.
Bureau of Unemployment Compensation, Appellant
Messrs. Sindell Sindell , for appellee. Mr. Hugh S. Jenkins and Mr. Herbert S. Duffy , attorneys general, Mr. John M. Woy and Mr. Madison C. Perkins , for appellant.
Matthias, Weygandt, Hart, Zimmerman, Stewart, Turner, Taft.
Matthias, J.

The only question presented is whether there was such compliance with the requirements of the statute as to invoke jurisdiction of the Common Pleas Court to review the decision of the board of review.

It is elementary that an appeal, the right to which is conferred by statute, can be perfected only in the mode prescribed by statute. The exercise of the right •of appeal conferred is conditioned upon compliance with the accompanying mandatory requirements. Collins, Exr., v. Millen, 57 Ohio St., 289, 291, 48 N. E., 1097. No one would contend that a notice of appeal need not be filed within the time fixed by statute. Compliance with a requirement that a notice of appeal shall be filed within the time specified, in order to invoke jurisdiction, is no more essential than that the notice be filed at the place designated and that it be such in content as the statute requires. Kinsman Square Drug Co. v. Evatt, Tax Commr., 145 Ohio St., 52, 60 N. E. (2d), 668; Dayton Rental Co. v. Evatt, Tax Commr., 145 Ohio St., 215, 61 N. E. (2d), 210; and American Restaurant & Lunch Co. v. Glander, Tax Commr., 147 Ohio St., 147, 70 N. E. (2d), 93.

In the case last cited, it was held in the syllabus that[*126] “where a statute confers the right of appeal, adherence to the conditions thereby imposed is essential to the enjoyment of the right conferred.”

That case involved an appeal from an order of the Tax Commissioner to the Board of Tax Appeals and presented the question of the sufficiency of the notice of appeal as to content, which was in substance whether the notice of appeal shall set forth or have attached thereto and incorporated therein by reference a true copy of the notice sent by the commissioner to the taxpayer of the final determination complained of, and shall also specify the error or errors therein complained of. It was stated in the opinion in that case that “the very statute which authorizes the appeal prescribes the conditions and procedure under and by which such appeal may be perfected,” and held in the syllabus that “compliance with these specific and mandatory requirements governing the filing of such notice is essential to confer jurisdiction upon the Board of Tax Appeals.”

The pertinent portion of Section 1346-4, General Code, being the statute governing the appeal procedure involved herein, is as follows:

‘ ‘ Any interested party * * * may * * * within thirty days * * * appeal from the decision of the board of review * * *. Such appeal shall be taken by the filing by appellant of a notice of appeal with the clerk of such court and with the board of review. Such notice of appeal shall set forth the decision appealed from and the errors therein complained of. Proof of the filing of such notice with the board of review shall be filed with the clerk of such court. All other parties before the board of review * * # shall be made appellees. The appellant shall serve notice of the appeal upon all appellees by registered mail or actual delivery to his last[*127] known post office address unless such notice is waived. ’ ’

We are in accord with the view that the procedure directed by the above provisions relative to parties •and proofs of service of notice does not constitute conditions precedent to jurisdiction, but compliance with the requirements as to the filing of the notice of appeal — the time of filing, the place of filing and the content of the notice as specified in the statute — are all conditions precedent to jurisdiction.

The notice of appeal involved herein is not sufficient to meet the requirements of the statute in that it fails to set forth the decision appealed from or the errors therein complained of.

The foregoing statement of facts discloses the insufficiency of the notice of appeal in the respects stated.'

It follows that the judgment of the Court of Appeals should be, and hereby is, reversed, and the judgment of the Court of Common Pleas is «affirmed.

Judgment reversed.

Weygandt, C. J., Hart, Zimmerman, Stewart, Turner and Taft, JJ., concur.