State v. Vandal, Unpublished Decision (1-26-2000)
State v. Vandal, Unpublished Decision (1-26-2000)
Opinion of the Court
Recently, in Ivery v. Ivery (Jan. 12, 2000), Summit App. No. 19410, unreported, this Court once again recognized that we "may summarily reject an appeal where the appellant fails to properly brief and argue his assignments of error in the manner required by the Appellate Rules." Id., quoting Advertising Tapes, Inc. v.Misquitta (Apr. 15, 1998), Summit App. No. 18631, unreported. While the appellant in Ivery had set forth assignments of error, the instant case presents a more egregious example of a failure to comply with the rules governing appellate practice. Here, Vandal filed an appellate brief on September 14, 1999. This brief, however, fails to comply with the mandates of App.R. 16 and 19 and Loc.R. 7(A). Specifically, Vandal has failed to provide a table of contents, App.R. 16(A)(1) and Loc.R. 7(A)(1); to set forth assignments of error, App.R. 16(A)(3) and Loc.R. 7(A)(2); to present a statement of the issues presented, App.R. 16(A)(4) and Loc.R. 7(A)(3); to contain a separate statement of the case and a statement of the facts, App.R. 16(A)(5) and (6) and Loc.R. 7(A)(4) and (5); to cite to relevant legal authorities supporting an argument, App.R. 16(A)(7) and Loc.R. 7(A)(6); to provide a brief conclusion requesting the specific relief he seeks, App.R. 16(A)(8) and Loc.R. 7(A)(7); and to include an appendix consisting of any relevant items identified in App.R. 16(E) and Loc.R. 7(A)(8)(a)-(f).1 Instead, Vandal has presented this Court with five pages of argument in support of a nonexistent assignment of error.
Although proceeding pro se, Vandal is not entitled to disregard the appellate rules in such a manner. A pro se
appellant is held to the same obligations and standards set forth in the appellate rules that apply to all litigants. Kilroy v.B.H. Lakeshore Co. (1996),
Appeal dismissed.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to Appellant.
Exceptions.
DONNA J. CARR, FOR THE COURT
SLABY, P.J., WHITMORE, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.