from the Franklin County Court of Common Pleas C.P.C. No.
Boucher & Boucher Co., L.PA., Richard A. Boucher, and
Julia C. Kolber, for appellant.
Yost, Attorney General, and Melissa L. Wilburn, for appellee.
1} Appellant, Dodson Entertainment I, LLC
("Dodson Entertainment"), appeals from a judgment
of the Franklin County Court of Common Pleas affirming a
decision of the Ohio Unemployment Compensation Review
Commission ("commission") finding that Dodson
Entertainment is the successor in interest to Café
Anticoli, Inc. ("Café Anticoli"). For the
following reasons, we affirm.
Facts and Procedural History
2} In April 2015, Bennett Dodson, who along with his
wife Shaun Dodson own Dodson Entertainment, entered into a
contract with Leo Anticoli to purchase the restaurant
business known as Café Anticoli and the real estate
located at 67 South Main Street, Miamisburg, Ohio, for $490,
000. Pursuant to the contract, the "business shall
include the liquor license, equipment, supplies, sales
records, customer lists, cost records, working inventory,
contracts, furnishings, furniture, leasehold improvements,
and all other noncash assets." (Apr. 10, 2015 Contract
to Purchase Business and Real Estate at 1.) The purchase did
not include the liabilities of the business.
3} On June 26, 2015, Leo Anticoli, as president of
Café Anticoli, signed a bill of sale transferring to
Dodson Entertainment "[a]ll of the equipment,
furnishings, fixtures and leasehold improvements" listed
on an attached five-page exhibit. The listed items were
located throughout the restaurant building, including in the
kitchen, the bar area, the dining rooms, and the patio. On
the same day, The Publical Group, LLC, and its owners,
Bennett Dodson and three of his family members, closed on the
purchase of the property at 67 South Main Street. The
Publical Group now leases the real estate to Dodson
4} After the closing, the building at 67 South Main
Street was remodeled and converted from an Italian restaurant
to a sports bar and grill. On October 9, 2015, the Ohio
Department of Commerce, Division of Liquor Control,
transferred the liquor license from Café Anticoli to
Dodson Entertainment. Three days later, Dodson Entertainment
opened Bennett's Publical Family Sports Grill.
5} In February 2016, the Ohio Department of Job and
Family Services ("ODJFS") notified Dodson
Entertainment that it had determined Dodson Entertainment is
the successor in interest to Café Anticoli, and it
assigned contribution rates based on that finding. Dodson
Entertainment requested reconsideration of that decision, and
the ODJFS director affirmed the successor in interest
determination in May 2016. Dodson Entertainment appealed the
director's decision to the commission, and the commission
held a telephone hearing regarding the appeal on July 18,
2016. On August 3, 2016, the commission issued a decision
affirming the director's determination. Pursuant to R.C.
4141.26, Dodson Entertainment appealed the commission's
decision to the trial court. The trial court affirmed.
6} Dodson Entertainment timely appeals from the
trial court's decision.
Assignment of Error
7} Dodson Entertainment assigns the following ...