nonappealing party error (Ohio) · Go Syfert
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nonappealing party error in Ohio

28 Ohio opinions name it 1 courts 1993–2026 6 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
In Re Smithgreen
ohioctapp · 1991 · cited in 24 Ohio opinions naming this issue, 1993–2026
2 sentences

2026The father in A.W. argued that the mother had not been properly served, and we stated the following in response: “‘Generally, an appellant does not have standing to argue issues affecting another person.’” Dayton Lodge, L.L.C. v. Hoffman, 2013-Ohio-5755, ¶ 35 (2d Dist.), quoting Benjamin v. Ernst & Young, L.L.P., 2006-Ohio-2739 , ¶ 4 (10th Dist.). “‘However, an appellant may “complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant.”’” Id., quoting Benjamin at ¶ 4 , quoting In re Smith, 77 Ohio App.3d 1, 13 (6th Dist. 1991).

2025Father further argues that the parties were never served with the affidavit. {¶ 74} Significantly, Father is complaining of an alleged service error against Mother, not himself. “‘Generally, an appellant does not have standing to argue issues affecting another person.’” Dayton Lodge, L.L.C. v. Hoffman, 2013-Ohio-5755, ¶ 35 (2d Dist.), quoting Benjamin v. Ernst & Young, L.L.P., 2006-Ohio-2739 , ¶ 4 (10th Dist.). “‘However, an appellant may “complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant.”’” Id., quoting Benjamin at ¶ 4 ,

424
In Re Hiattgreen
ohioctapp · 1993 · cited in 9 Ohio opinions naming this issue, 2003–2024
2 sentences

2018However, ‘[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant.’” In re Mourey, 4th Dist. [Athens] No. 02CA48, 2003-Ohio-1870 , ¶ 20[, quoting] In re Smith, 77 Ohio App.3d 1, 13 , 601 N.E.2d 45 (6th Dist.1991); In re Hiatt, 86 Ohio App.3d 716, 721 , 621 N.E.2d 1222 (4th Dist.1993).

2018However, ‘[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant.’” In re Mourey, 4th Dist. [Athens] No. 02CA48, 2003-Ohio-1870 , ¶ 20[, quoting] In re Smith, 77 Ohio App.3d 1, 13 , 601 N.E.2d 45 (6th Dist.1991); In re Hiatt, 86 Ohio App.3d 716, 721 , 621 N.E.2d 1222 (4th Dist.1993).

29
Dayton Lodge, L.L.C. v. Hoffmangreen
ohioctapp · 2013 · cited in 2 Ohio opinions naming this issue, 2025–2026
2 sentences

2026The father in A.W. argued that the mother had not been properly served, and we stated the following in response: “‘Generally, an appellant does not have standing to argue issues affecting another person.’” Dayton Lodge, L.L.C. v. Hoffman, 2013-Ohio-5755, ¶ 35 (2d Dist.), quoting Benjamin v. Ernst & Young, L.L.P., 2006-Ohio-2739 , ¶ 4 (10th Dist.). “‘However, an appellant may “complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant.”’” Id., quoting Benjamin at ¶ 4 , quoting In re Smith, 77 Ohio App.3d 1, 13 (6th Dist. 1991).

2025Father further argues that the parties were never served with the affidavit. {¶ 74} Significantly, Father is complaining of an alleged service error against Mother, not himself. “‘Generally, an appellant does not have standing to argue issues affecting another person.’” Dayton Lodge, L.L.C. v. Hoffman, 2013-Ohio-5755, ¶ 35 (2d Dist.), quoting Benjamin v. Ernst & Young, L.L.P., 2006-Ohio-2739 , ¶ 4 (10th Dist.). “‘However, an appellant may “complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant.”’” Id., quoting Benjamin at ¶ 4 ,

22
In re Z.C.green
ohio · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See In re C.M., 2017-Ohio-9037 , ¶¶ 48-51 (4th Dist.) Highland App. No. 24CA17 9 E.g., In re B.E., 2014-Ohio-3178, ¶ 27 (4th Dist.); In re R.S., 2013-Ohio-5569, ¶ 29 (4th Dist.); accord In re Z.C., 2023-Ohio-4703, ¶ 18 .

11
In re B.E.green
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See In re C.M., 2017-Ohio-9037 , ¶¶ 48-51 (4th Dist.) Highland App. No. 24CA17 9 E.g., In re B.E., 2014-Ohio-3178, ¶ 27 (4th Dist.); In re R.S., 2013-Ohio-5569, ¶ 29 (4th Dist.); accord In re Z.C., 2023-Ohio-4703, ¶ 18 .

11
In re R.S.green
ohioctapp · 2013 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025See In re C.M., 2017-Ohio-9037 , ¶¶ 48-51 (4th Dist.) Highland App. No. 24CA17 9 E.g., In re B.E., 2014-Ohio-3178, ¶ 27 (4th Dist.); In re R.S., 2013-Ohio-5569, ¶ 29 (4th Dist.); accord In re Z.C., 2023-Ohio-4703, ¶ 18 .

11
C.B. v. K.R.green
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024See Moore v. City of Middletown, 133 Ohio St.3d 55 , 2012-Ohio-3897 , 975 N.E.2d 977 ; In re Mourey, 2003-Ohio-1870 , ¶ 20. (4th Dist.) (“a party cannot appeal an alleged violation of another party's rights”); In the Matter of K.C., 2016-Ohio-3229 (7th Dist.) ¶ 12; C.B. v. K.R., 2019-Ohio-3621, ¶ 18 (12th Dist.). {¶ 54} While "[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant," Clark has failed to explain how the no-contact order is prejudicial to her.

11
Moore v. City of Middletowngreen
ohio · 2012 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024See Moore v. City of Middletown, 133 Ohio St.3d 55 , 2012-Ohio-3897 , 975 N.E.2d 977 ; In re Mourey, 2003-Ohio-1870 , ¶ 20. (4th Dist.) (“a party cannot appeal an alleged violation of another party's rights”); In the Matter of K.C., 2016-Ohio-3229 (7th Dist.) ¶ 12; C.B. v. K.R., 2019-Ohio-3621, ¶ 18 (12th Dist.). {¶ 54} While "[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant," Clark has failed to explain how the no-contact order is prejudicial to her.

2024See Moore v. City of Middletown, 133 Ohio St.3d 55 , 2012-Ohio-3897 , 975 N.E.2d 977 ; In re Mourey, 2003-Ohio-1870 , ¶ 20. (4th Dist.) (“a party cannot appeal an alleged violation of another party's rights”); In the Matter of K.C., 2016-Ohio-3229 (7th Dist.) ¶ 12; C.B. v. K.R., 2019-Ohio-3621, ¶ 18 (12th Dist.). {¶ 54} While "[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant," Clark has failed to explain how the no-contact order is prejudicial to her.

11
In Re Johnson, Unpublished Decision (7-22-2004)green
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2008–2008
1 sentence

2008See In re Johnson , Franklin App. No. 03AP-1264, 2004-Ohio-3886 , at ¶ 12 , appeal not allowed, 103 Ohio St.3d 1465 , 2004-Ohio-5056 , reconsideration denied, 104 Ohio St.3d 1412 , 2004-Ohio-6364 , citing State v. Ward (Sept. 21, 1988), Summit App. No. 13462 (stating that "[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant"); see, also, In re Thornburg (Jan. 26, 1999), Franklin App. No. 98AP-466, dismissed, appeal not allowed, 85 Ohio St.3d 1477 , citing State ex rel.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
In re KC neutral
ohioctapp · 2016
1 sentence

2024See Moore v. City of Middletown, 133 Ohio St.3d 55 , 2012-Ohio-3897 , 975 N.E.2d 977 ; In re Mourey, 2003-Ohio-1870 , ¶ 20. (4th Dist.) (“a party cannot appeal an alleged violation of another party's rights”); In the Matter of K.C., 2016-Ohio-3229 (7th Dist.) ¶ 12; C.B. v. K.R., 2019-Ohio-3621, ¶ 18 (12th Dist.). {¶ 54} While "[a]n appealing party may complain of an error committed against a nonappealing party when the error is prejudicial to the rights of the appellant," Clark has failed to explain how the no-contact order is prejudicial to her.

12024–2024
In Re Hitchcock green
ohioctapp · 1996
2 sentences

2006In re E.S.B ., Cuyahoga App. Nos. 87669, 87673, 2006-Ohio-5002 , ¶ 5 , citing In re Hitchcock (1996), 120 Ohio App.3d 88 , 99-100 , 696 N.E.2d 1090 .

2006In re E.S.B ., Cuyahoga App. Nos. 87669, 87673, 2006-Ohio-5002 , ¶ 5 , citing In re Hitchcock (1996), 120 Ohio App.3d 88 , 99-100 , 696 N.E.2d 1090 .

12006–2006
In Re E.S.B., Unpublished Decision (9-28-2006) neutral
ohioctapp · 2006
1 sentence

2006In re E.S.B ., Cuyahoga App. Nos. 87669, 87673, 2006-Ohio-5002 , ¶ 5 , citing In re Hitchcock (1996), 120 Ohio App.3d 88 , 99-100 , 696 N.E.2d 1090 .

12006–2006

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2151.414 (10) OH § Ohio Rev. Code § 2151.353 (7) OH § Ohio Rev. Code § 2151.011 (6) OH § Ohio Rev. Code § 2151.352 (3) OH § Ohio Rev. Code § 2151.413 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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