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Unemployment Compensation Review Commission v. Blue Machine, LLC

Court of Appeals of Ohio, Tenth District

September 7, 2017

Unemployment Compensation Review Commission, Appellee-Appellee,
v.
Blue Machine, LLC, Appellant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas No. 16CV-11400

         On brief:

          Michael DeWine, Attorney General, and Alan Schwepe, for appellee.

Argued:

          Alan Schwepe.

         On brief:

          Barron Peck Bennie & Schlemmer, LPA, Peter A. Burr, and Steven C. Davis, for appellant.

Argued:

          Peter A. Burr.

          DECISION

          BROWN, J.

         {¶ 1} Blue Machine, LLC, appellant, has filed an appeal from the judgment of the Franklin County Court of Common Pleas in which the court granted a motion to dismiss.

         {¶ 2} The underlying facts in this case are not germane to the issues before us on appeal. On October 14, 2016, appellee, the Unemployment Compensation Review Commission ("UCRC"), which operates under the Ohio Department of Job and Family Services ("ODJFS"), rendered a final decision adverse to appellant and mailed the order to appellant. On December 2, 2016, Margie Burke, who identified herself as a co-owner of appellant and not an attorney, filed a notice of appeal on behalf of appellant.

         {¶ 3} On December 19, 2016, ODJFS filed a motion to dismiss asserting that appellant failed to perfect its appeal within the 30-day period set forth in R.C. 4141.26(D)(2), because the notice of appeal docketed on December 2, 2016, was filed by Burke, who is not an attorney, and any notice of appeal filed on behalf of a limited liability company must be made through counsel, pursuant to Campus Pitt Stop, L.L.C. v. Ohio Liquor Control Comm., 10th Dist. No. 13AP-622, 2014-Ohio-227. On February 16, 2017, the Franklin County Court of Common Pleas issued a decision and entry granting ODJFS's motion to dismiss, finding that, pursuant to Campus Pitt Stop, Burke was prohibited from filing an appeal on behalf of appellant because she was not an attorney. Appellant appeals the judgment of the common pleas court, asserting the following assignment of error:

The trial court erred as a matter of law by holding that Appellant failed to timely file its Notice of Appeal of the decision of ...

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