Notes of Decisions
Thomas v. Webber, 239 N.E.2d 26 (Ohio 1968).
· cites it 6× “” Section 2505.05, Revised Code, reads in part: “The notice of appeal * * * shall designate the order, judgment, or decree appealed from * * *.”
AT&T Commc'ns of Ohio, Inc. v. Lynch, 2012 Ohio 1975 (Ohio 2012).
“04 provides, “An appeal is perfected when a written notice of appeal is filed * * R.C. 2505.05 directs, “The notice of appeal described in section 2505.”
State Ex Rel. Arcadia Acres v. Ohio Dep't of Job & Fam. Servs., 2009 Ohio 4176 (Ohio 2009).
“2d 709 (naming wrong party as appellee in contravention of R.C. 2505.05 was not a jurisdictional defect inasmuch as appeal requirements should be “liberally construed so as not to deny an appeal on technical grounds”).”
In Re Est. of Verbeck, 180 N.E.2d 615 (Ohio Ct. App. 1961).
· cites it 4× “42, Revised Code. The notice of appeal is the jurisdictional act and has been carefully designed to avoid defeating the right to review on technical procedural grounds.”
Liberty Sav. Bank v. Kettering, 655 N.E.2d 1322 (Ohio Ct. App. 1995).
“” R.C. 2505.05. For appeals on questions of law and fact, the code provides: “[N]o administrative-related appeal shall be effective os an appeal upon questions of law and fact until the final order appealed is superseded by a bond in the amount and with the conditions provided…”
Park Inv. Co. v. Bd. of Revision, 179 N.E.2d 784 (Ohio Ct. App. 1962).
· cites it 2× “n relates to a constitutional question of uniformity of taxation (Article XIY, Amendments, federal Constitution, and Section 2 of Article XII of the Ohio Constitution) and is one for a court of law to resolve; that the failure to designate the type of hearing upon appeal is not…”
Baron v. Civ. Serv. Bd. of Dayton, 2012 Ohio 6179 (Ohio Ct. App. 2012).
“R.C. 2505.05 provides that a notice of appeal of an administrative decision “shall designate * * * whether the appeal is on questions of law or questions of law and fact.”
Lucio v. Safe Auto Ins., 2010 Ohio 2528 (Ohio Ct. App. 2010).
“54(B) language is required, because the multiple-claim portion of the rule deals only with the situation where one claim has been finally decided and the other remains pending, whereas here both claims were partially ruled upon with the final relief on both claims pending.”
Tsiperson v. Ohio Dept. of Com., 2012 Ohio 1048 (Ohio Ct. App. 2012).
· cites it 2× “R.C. 2505.05 allows a notice of appeal to be modified at the discretion of the court once the appeal has been timely perfected.”
— Ohio Rev. Code § 2505.05(A) — 1 case
— Ohio Rev. Code § 2505.05(B) — 1 case
— Ohio Rev. Code § 2505.05(B)(5) — 1 case
Lucio v. Safe Auto Ins., 2010 Ohio 2528 (Ohio Ct. App. 2010).
“54(B) language is required, because the multiple-claim portion of the rule deals only with the situation where one claim has been finally decided and the other remains pending, whereas here both claims were partially ruled upon with the final relief on both claims pending.”
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