FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV-2018-04-1708
M. MEDVICK, Attorney at Law, for Appellant.
BELFANCE, Director of Law, and JOHN R. YORK and BRIAN D.
BREMER, Assistant Directors of Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE
Joyce Scott appeals the judgment of the Summit County Court
of Common Pleas dismissing her administrative appeal and its
order denying her motion for relief from judgment. We affirm.
In March 2018, the City of Akron Housing Appeals Board
ordered the demolition of the structure located at 1291 Tampa
Avenue. Joyce Scott appealed the decision to the Summit
County Court of Common Pleas, which dismissed the appeal
pursuant to Loc.R. 19.03(D) of the Court of Common Pleas of
Summit County, General Division, for Ms. Scott's failure
to file her assignments of error and brief. Ms. Scott
appealed the judgment to this Court and also filed a Civ.R.
60(B) motion for relief from judgment with the court of
common pleas. We remanded to the court of common pleas for
consideration of the motion.
The court of common pleas denied the motion, concluding that
Ms. Scott had failed to provide operative facts that would
support her claim of a meritorious defense. Ms. Scott
subsequently appealed that decision to this Court, which we
have consolidated with the prior appeal. Each of Ms.
Scott's appeals raise one assignment of error, which are
addressed separately below.
OF ERROR (No. 29163)
TRIAL COURT ABUSED ITS DISCRETION BY DISMISSING
APPELLANT'S ADMINISTRATIVE APPEAL.
In her first assignment of error, Ms. Scott argues the court
of common pleas abused its discretion when it sua sponte
dismissed her appeal for failure to file a brief. We
"We review the [court of common pleas']
interpretation or application of its local rules for an abuse
of discretion." Meador v. Bath Twp., 9th Dist.
Summit No. 25007, 2010-Ohio-2570, ¶ 8. An abuse of
discretion is more than an error of judgment; it means that
the court of common pleas was unreasonable, arbitrary, or
unconscionable in its ruling. Blakemore v.
Blakemore, 5 Ohio St.3d 217, 219 (1983). When applying
this standard, a reviewing court is precluded from simply
substituting its own judgment for that of the court of common
pleas. Pons v. Ohio State Med. Bd, 66 Ohio St.3d
619, 621 (1993).
The local rule relied upon by the court of common pleas
provides: "Within thirty (30) days after the filing of
the Record of Proceedings with the Clerk, the appellant shall
file its assignments of error and brief * * *." Loc.R.
19.03(A) of the Court of Common Pleas of Summit County,
General Division. The rule further instructs: "For good
cause shown, the Court may, upon motion, extend or otherwise
modify the foregoing schedule. If the appellant fails to file
its brief and assignments of error within the time provided,
the Court may dismiss the appeal ...