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Johnson v. Nemr

Court of Appeals of Ohio, Fifth District, Stark

January 16, 2018

DUANE JOHNSON Plaintiff-Appellant
v.
MARIO NEMR, ET AL Defendants-Appellees

         Civil appeal from the Stark County Court of Common Pleas, Case No. 2017CV02112

          For Plaintiff-Appellant DUANE JOHNSON PRO SE

          JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Earle E. Wise, J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant appeals the October 24, 2017 judgment entry of the Stark County Court of Common Pleas.

         Facts & Procedural History

         {¶2} 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.

         {¶3} 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 case.

         {¶4} 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.

         {¶5} Appellant appeals from the October 24, 2017 judgment entry of the Stark County Court of Common Pleas.

         Assignments of Error

         {¶6} 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.

         {¶7} 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 ...


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