Smythe, Cramer v. Breckenridge Real Est., Unpublished Decision (2-9-2000)
Smythe, Cramer v. Breckenridge Real Est., Unpublished Decision (2-9-2000)
Opinion of the Court
This Court has previously held 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." Ivery v. Ivery (Jan. 12, 2000), Summit App. No. 19410, unreported, quoting Advertising Tapes, Inc. v. Misquitta (Apr. 15, 1998), Summit App. No. 18631, unreported. In the instant case, Guinta filed an appellate brief on July 8, 1998. This brief fails, however, to comply with the mandates of App.R. 16 and 19 and Loc.R. 7(A). Specifically, Guinta has failed to provide a table of contents, App.R. 16(A)(1) and Loc.R. 7(A)(1); to include a table of authorities, App.R. 16(A)(2) 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 include a separate statement of the facts, App.R. 16(A)(6) and Loc.R. 7(A)(5); and to cite to relevant legal authorities supporting an argument, including the applicable standard of review, App.R. 16(A)(7) and Loc.R. 7(A)(6). Instead, Guinta has presented this Court with three pages of argument in support of a nonexistent assignment of error.2
Although proceeding pro se, Guinta 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. Fairlawn v.Figetakis (Jan. 26, 2000), Summit App. No. 19467, unreported, citing Kilroy v. B.H. Lakeshore Co. (1996),
Accordingly, the appeal is dismissed pursuant to Loc.R. 7(F).
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.
BAIRD, P.J., WHITMORE, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.