appeal from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellant DUANE JOHNSON PRO SE
JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman,
J., Hon. Earle E. Wise, J.
Appellant appeals the October 24, 2017 judgment entry of the
Stark County Court of Common Pleas.
& Procedural History
On October 19, 2017, appellant Duane Johnson filed a
complaint for trespass against Mario Nemr ("Nemr")
and Rebecca Hall ("Hall"). Appellant alleged Nemr
and Hall displayed extreme prejudice, harassment, and
character assassination during his visit to Thursday's
Lounge and Mr. Zub's Deli in Akron, Ohio. The complaint
and designation form list the address of both Nemr and Hall
as Mr. Zub's Deli, 795 W. Market Street, Akron, Ohio.
The designation form lists appellant's address as 825
Diagonal Road in Akron, Ohio, as does appellant's
affidavit of indigency and his notice to claim ownership of
The trial court issued a judgment entry on October 24, 2017,
transferring the case to Summit County. The trial court found
appellant resides at 825 Diagonal Road in Akron, which is
located in Summit County; both Nemr and Hall have an Akron
address; and the alleged conduct giving rise to
appellant's claims took place in Summit County. The trial
court found, pursuant to Civil Rule 3(C), the case is
properly venued in Summit County and transferred the case to
the Summit County Court of Common Pleas.
Appellant appeals from the October 24, 2017 judgment entry of
the Stark County Court of Common Pleas.
Appellant's appellate brief does not comply with
Appellate Rule 16. Appellant fails to provide the following:
a table of contents, a table of cases, a statement of the
assignments of error presented for review, a statement of the
issues presented for review, a statement of the case, and a
statement of facts. Appellant raises one assignment of error
in the body of his appellate brief: that the trial court
erred in transferring venue to Summit County.
Compliance with the appellate rule is mandatory.
Appellant's failure to comply with Appellate Rule 16 is
tantamount to failing to file a brief in this matter.
Beem v. Thorp, 5th Dist. Licking No. 16-CA-97,
2017-Ohio-2967. Such deficiencies permit this Court to
dismiss appellant's appeal. Id. Notwithstanding
the omissions in his brief, in the interests of justice and