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Johnson v. Michael

Court of Appeals of Ohio, Fifth District, Stark

January 22, 2018

DUANE JOHNSON Plaintiff-Appellant
v.
KATHRYN MICHAEL Defendant-Appellee

         Appeal from the Court of Common Pleas, Case No. 2017CV01799

          For Plaintiff-Appellant DUANE JOHNSON, Pro Se.

          For Defendant-Appellee MICHAEL J. DEFIBAUGH JOHN CHRISTOPHER REECE.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Plaintiff-Appellant, Duane Johnson, appeals the October 26, 2017 judgment entry of the Court of Common Pleas of Stark County, Ohio, transferring venue to the Court of Common Pleas of Summit County, Ohio. Defendant-Appellee is Kathryn Michael.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On September 1, 2017, appellant filed a pro se complaint against appellee in the Court of Common Pleas of Stark County, Ohio. Appellant alleged bare claims for trespass and dereliction of duty, without including any facts regarding the nature of the allegations.

         {¶ 3} On October 5, 2017, appellee filed a motion to transfer venue to Summit County, Ohio. Appellee explained appellant's claims for relief centered on his arrest by the Akron Police Department for making false alarms and his subsequent prosecution and conviction in the Akron Municipal Court (Case No. 14CRB4243). Appellee was the presiding judge in his case.

         {¶ 4} On October 12, 2017, appellant filed a response, objecting to the motion for change of venue, but not disputing the explanation given by appellee. By judgment entry filed October 26, 2017, the trial court granted the motion and transferred the case to Summit County.

         {¶ 5} Appellant filed an appeal. Appellee filed a motion to dismiss for lack of a final appealable order. This matter is now before this court for consideration. As appellant failed to list any assignment of error pursuant to App.R. 16(A)(3), we glean the following assignment from the state of the record:

         I

         {¶ 6} THE TRIAL COURT ERRED IN GRANTING THE MOTION TO TRANSFER VENUE TO SUMMIT COUNTY.

         {¶ 7} Preliminarily, we note this case is before this court on the accelerated calendar which is governed by App.R. 11.1. Subsection (E), determination and judgment on appeal, provides in pertinent part: "The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the ...


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