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State ex rel. Clinton v. MetroHealth System

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 18, 2017

STATE OF OHIO EX REL., KAREN CLINTON DEFENDANT-APPELLANT
v.
METROHEALTH SYSTEM PLAINTIFF-APPELLEE

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-10-733691

          FOR APPELLANT Karen Clinton, pro se.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Charles E. Hannan Assistant County Prosecutor Justice Center.

          BEFORE: Laster Mays, J., Boyle, P.J., and Celebrezze, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE.

         {¶1} Defendant-appellant, Karen Clinton ("Clinton"), appeals the trial court's denial of her motion for relief from judgment. We affirm.

         {¶2} Clinton assigns eight assignments of error for our review; however, only the first assignment of error concerns the trial court's denial of her motion. The remaining seven are not related to the trial court's denial of Clinton's motion, but rather concern prior decisions this court has rendered on Clinton's prior cases including Clinton v. MetroHealth Sys., 8th Dist. Cuyahoga No. 86886, 2006-Ohio-3582 ("Clinton I ") and State ex rel. Clinton v. MetroHealth Sys., 8th Dist. Cuyahoga No. 100590, 2014-Ohio-4469 ("Clinton II "). The Ohio Supreme Court refused to reconsider its decision not to take jurisdiction of Clinton's appeal. This court denied reconsideration in both cases.

         {¶3} As a result of the denials, Clinton has filed this appeal. She states, "since the Ohio Supreme Court refused to hear the merits of my appeal, this motion was the only alternative procedural device to bring the errors back before this court to correct its prior erroneous decision in Clinton I and II." We will only consider and review the first assignment of error because the other seven are merely Clinton's way of attempting to get this court to review our decisions in past cases we have already previously declined to reconsider.

I. The trial court erred when it denied Relator's 60(B) motion for relief from judgment by relying upon this Court of Appeals judgment issued on 10-8-14 in Cuyahoga C.P. No. CA-13-100590 that had adjudicating the various errors of law and fact raised in the 60(B) notion which highlighted this Court of Appeals erroneous conclusions of law and fact. Furthermore, the trial court erred in granting summary judgment to MetroHealth System in the first place, when evidence showed that MetroHealth wrongfully delayed production of, withheld, and destroyed public records. And finally this Court of Appeals further erred in permitting the trial court to grant summary judgment for the various record requests to MetroHealth System as too many questions of fact existed to determine the case by that method as we stated in our own motion for partial summary judgment filed in the 2014 appeal to this court.

         I. Relief from Judgment

         A. Summary Judgment

         {¶4} "This court reviews the trial court's decision granting or denying a motion for relief from judgment for an abuse of discretion. Strack v. Pelton, 70 Ohio St.3d 172, 174, 637 N.E.2d 914 (1994)." Morana v. Foley, 2015-Ohio-5254, 54 N.E.3d 749, ¶ 5 (8th Dist). "An abuse of discretion is connoted by a decision that is unreasonable, arbitrary or unconscionable." Blakemore v. Blakemore, 5 Ohio St.3d 217, 219, 450 N.E.2d 1140 (1983).

         B. Law and Analysis

         {¶5} In Clinton's first assignment of error she argues that the trial court erred when it relied on our decision in ...


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