Curry v. Wendy’s Internatl., L.L.C.

Summary

The Tenth District Court of Appeals of Ohio dismissed Carline M. Curry’s appeal from the dismissal of her workers’ compensation complaint. The court held that, as a person declared a vexatious litigator, Curry was required to obtain leave to proceed before initiating the appeal, and that representation by counsel did not eliminate that requirement.

Holdings

1. A person subject to a vexatious-litigator order under R.C. 2323.52 must obtain leave from the court of appeals under R.C. 2323.52(F)(2) before instituting an appellate proceeding.
2. Representation by counsel does not exempt a vexatious litigator from the requirement to obtain leave before initiating a legal proceeding.
3. A vexatious litigator who does not obtain leave before expiration of the 30-day App.R. 4 filing period fails to invoke the appellate court’s jurisdiction.

Questions Presented

1. Whether a person previously declared a vexatious litigator must obtain leave from the court of appeals before initiating an appeal.
2. Whether representation by counsel exempts a vexatious litigator from the statutory leave requirement.
3. Whether failure to obtain leave before expiration of the Appellate Rule 4 filing period deprives the court of appeals of jurisdiction.

Disposition

dismissed