from the Court of Common Pleas, Case No. 2017CV01799
Plaintiff-Appellant DUANE JOHNSON, Pro Se.
Defendant-Appellee MICHAEL J. DEFIBAUGH JOHN CHRISTOPHER
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, Jr., 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
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:
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 ...