Thompson v. Knobeloch

Summary

The Tenth District Court of Appeals of Ohio sua sponte dismissed the plaintiffs' cross-appeal. The court held that the notice of cross-appeal was ineffective because it was filed with the appellate court rather than the clerk of the trial court, as required by Ohio Appellate Rule 3(A), and the filing period had expired.

Holdings

1. A notice of cross-appeal must be filed with the clerk of the trial court within the time allowed by the appellate rules. Filing the notice with the clerk of the court of appeals does not comply with App.R. 3(A).
2. Because plaintiffs did not file an effective notice of cross-appeal before the filing period expired, the appellate court lacked jurisdiction to address the alleged errors raised in the cross-appeal.

Questions Presented

1. Whether a notice of cross-appeal filed with the clerk of the court of appeals, rather than the clerk of the trial court, complies with Ohio App.R. 3(A).
2. Whether the appellate court had jurisdiction to consider the alleged errors raised in the cross-appeal after the time for filing an effective notice had expired.

Disposition

dismissed