Rebecca Thompson et al., Plaintiffs-Appellees/Cross-Appellants,
William Knobeloch, M.D., et al., Defendants-Appellants/Cross-Appellees.
from the Franklin County Court of Common Pleas No. 14CV-4879
Westfall LLP, Allan L. Hale, and Christopher McNicholas; Burg
Simpson Eldredge Hersh & Jardine, P.C., Janet G. Aharay
and Calvin S. Tregre, Jr., for appellees/cross-appellants.
Todaro & Welch Co., L.PA., Grier D. Schaffer, and Gregory
B. Foliano, for appellants/cross-appellees.
1} Plaintiffs-appellees/cross-appellants Skyelar
Thompson, Scott Thompson, and Rebecca Thompson filed a notice
of cross-appeal with the clerk of this court attempting to
appeal from a final judgment of the Franklin County Court of
Common Pleas. For the reasons that follow, we sua sponte
dismiss their cross-appeal because their notice of appeal
does not comply with the appellate rules and does not vest
this court with jurisdiction.
2} On November 28, 2016, defendants timely filed
with the clerk of the trial court their notice of appeal from
the judgments of the trial court. Plaintiffs thereafter had
an additional ten days from defendants' filing, or until
December 8, inclusive, to file their notice of cross-appeal
under App.R. 3(C)(1). While plaintiffs did attempt to file a
notice of cross-appeal on December 8, they did so with the
clerk of the court of appeals. App.R. 3(A) requires that a
notice of appeal (which includes a notice of cross-appeal)
"shall be taken by filing a notice of appeal with the
clerk of the trial court within the time allowed by
[App.R.] 4." (Emphasis added.) Because plaintiffs'
notice of cross-appeal was filed in the wrong court, it does
not comply with App.R. 3(A).
3} The time to file an effective notice of
cross-appeal has now run. Without an effective notice of
appeal this court lacks jurisdiction to address the alleged
errors raised by plaintiffs. Boulware v. Chrysler Group,
L.L.C., 10th Dist. No. 13AP-1061, 2014-Ohio-3398, ¶
11. Plaintiffs' cross-appeal is accordingly dismissed sua
P.J., and ...