Unemployment Compensation Review Commission, Appellee-Appellee,
Blue Machine, LLC, Appellant-Appellant.
from the Franklin County Court of Common Pleas No. 16CV-11400
Michael DeWine, Attorney General, and Alan Schwepe, for
Peck Bennie & Schlemmer, LPA, Peter A. Burr, and Steven
C. Davis, for appellant.
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 ...