Ohio Revised Code

Ohio Rev. Code § 2505.22 (2026)

Filing assignments of error

✓ current as of May 2026
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In connection with an appeal of a final order, judgment, or decree of a court, assignments of error may be filed by an appellee who does not appeal, which assignments shall be passed upon by a reviewing court before the final order, judgment, or decree is reversed in whole or in part. The time within which assignments of error by an appellee may be filed shall be fixed by rule of court.

Notes of Decisions
Cited in 149 cases (7 in the last 5 years), 1954–2025 · leading case: Duracote Corp. v. Goodyear Tire & Rubber Co., 443 N.E.2d 184 (Ohio 1983).
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Duracote Corp. v. Goodyear Tire & Rubber Co., 443 N.E.2d 184 (Ohio 1983). · cites it 6× “R.C. 2505.22 provides, in part: “Assignments of error may be filed on behalf of an appellee which shall be passed upon by a reviewing court before a judgment or order is reversed in whole or in part.”
Pang v. Minch, 559 N.E.2d 1313 (Ohio 1990). · cites it 2× “The better method for attaining this goal would be employment of the procedure authorized by R.C. 2505.22. This section provides as follows: “In connection with an appeal of a final order, judgment, or decree of a court, assignments of error may be filed by an appellee who does…”
McCarthy v. Sterling Chems., Inc., 2012 Ohio 5211 (Ohio Ct. App. 2012). · cites it 9× “Plaintiffs did not file an R.C. 2505.22 assignment of error based on the “ACF argument” to prevent reversal in the first appeal.”
Glidden Co. v. Lumbermens Mut. Cas. Co., 861 N.E.2d 109 (Ohio 2006). “{¶ 30} R.C. 2505.22 permits the filing of assignments of error by an appellee who has not appealed.”
Rhodus v. Ohio Dep't of Transp., 588 N.E.2d 864 (Ohio Ct. App. 1990). “Pursuant to R.C. 2505.22, defendant has filed a cross-assignment of error in the interest of preventing reversal.”
Lykins v. Fun Spot Trampolines, 874 N.E.2d 811 (Ohio Ct. App. 2007). · cites it 2× “In addition, the Thompsons raise a single cross-assignment of error pursuant to R.C. 2505.22. {¶ 8} Appellant’s Assignment of Error No.”
Lyon Revocable Trust v. Berry, 2025 Ohio 425 (Ohio Ct. App. 2025). · cites it 6× “22 {¶29} The defendants raise a defensive cross-assignment of error under R.C. 2505.22. “‘An appellee who has not filed a notice of appeal (cross-appeal) can file cross-assignments of error under R.”
Helton v. Scioto Cnty. Bd. of Commissioners, 703 N.E.2d 841 (Ohio Ct. App. 1997). “3(C) and R.C. 2505.22, in support of the summary judgment, the appellee asserts one cross-assignment of error, which states: “The court should have granted summary judgment in that the evidence was clear that the county acted reasonably.”
Loewenstine v. Delta Air Lines, Inc., 455 N.E.2d 3 (Ohio Ct. App. 1982). · cites it 5× “4[A]), R.C. 2505.22 requires us to pass upon its assignment of error before the judgment is reversed.”
Est. of Hand, 2016 Ohio 7437 (Ohio Ct. App. 2016). · cites it 2× “{¶ 40} In an effort to defend the probate court's judgment denying appellant's application to admit the Love Letter Will to probate, Hand raises the following cross- assignment of error pursuant to R.C. 2505.22 and App.R. 3(C)(2): {¶ 41} THE PROBATE COURT'S ORDER DENYING…”
Cuyahoga Cnty. Bd. of Commissioners v. Maloof Props., Ltd., 2012 Ohio 470 (Ohio Ct. App. 2012). · cites it 2× “The remaining assignment of error and Ohio National Life’s assignments of error submitted pursuant to R.C. 2505.22, 1 dispute the validity of the charging lien and are moot.”
Morgan v. City of Cincinnati, 496 N.E.2d 468 (Ohio 1986). · cites it 2× “Appellee renews its argument to this court on authority of R.C. 2505.22, which authorizes an appellee who has not filed an appeal nonetheless to file assignments of error in the interest of preventing a reversal.”
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