Harris Group Home v. Dept. of Health, Unpublished Decision (9-25-2002)
Harris Group Home v. Dept. of Health, Unpublished Decision (9-25-2002)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellant, Harris Group Home, appeals from the decision of the Summit County Court of Common Pleas, which affirmed the adjudication order of the Ohio Department of Heath denying the renewal of Harris Group Home's adult group home license. We affirm.
{¶ 3} A hearing on the proposed nonrenewal was held before a hearing officer on January 4, 5, and 17, 2001. The hearing officer issued his report and recommendation on April 9, 2001. The hearing officer concluded that the deficiencies noted at the survey on November 22 and 23, 1999 constituted the following violations of Ohio Adm.Code:
{¶ 4} Appellant filed objections to the report and recommendation of the hearing officer. The director of ODH, after reviewing the report and the home's objections, entered an adjudication order to not renew the home's license. Appellant filed an administrative appeal pursuant to R.C.
{¶ 5} The parties proceeded by way of briefs, and, on February 28, 2002, the trial court affirmed the adjudication order. This appeal followed.
{¶ 6} "THE COURT OF COMMON PLEAS ERRED BY NOT REVERSING AND VACATING THE ADJUDICATION ORDER OF THE APPELLEE ON THE GROUNDS THAT THE DECISION TO NOT RENEW THE LICENSE OF THE APPELLANT WAS NOT SUPPORTED BY RELIABLE, PROBATIVE, AND SUBSTANTIAL EVIDENCE AND THE DECISION IS NOT IN ACCORDANCE WITH LAW."
{¶ 7} In its sole assignment of error, Appellant challenges the trial court's decision to affirm the adjudication order of ODH. Appellant argues that the trial court erred when it affirmed the agency's decision, because the decision was not supported by reliable, credible and probative evidence. We disagree.
{¶ 8} We begin our discussion by noting the limited standards of review by which the trial court and this Court are bound. R.C.
{¶ 9} Our review of the trial court's judgment is even more limited. "While it is incumbent on the trial court to examine the evidence, this is not a function of the appellate court." Pons v. OhioState Med. Bd. (1993),
{¶ 10} R.C.
{¶ 11} Appellant's argument that the trial court erred in affirming the adjudication order centers around the conflicting testimony presented during the hearing before the ODH hearing officer. Appellant contends that if the evidence presented by ODH was true and the conditions were as poor as the surveyors indicated, then ODH "fumbled the ball badly in its efforts to remove these residents" from the group home and protect them from harm. Appellant argues that the trial court ignored contradictory evidence, its decision was based on incredible evidence, and that the evidence clearly does not support the decision.
{¶ 12} This Court notes that Appellant has failed to set forth a single, legal authority to support its contention that the trial court abused its discretion in affirming the adjudication order of ODH. Moreover, Appellant has failed to provide references to the pertinent parts of the record necessary to this Court's review. Pursuant to App.R. 16(A)(7), an appellant must "demonstrate his assigned error through an argument that is supported by citations to legal authority and facts in the record." State v. Taylor (Feb. 9, 1999), 9th Dist. No. 2783-M, at 7. See, also, Loc.R. 7(A)(7); Loc.R. 7(E).
{¶ 13} Because Appellant has failed to comply with App.R. 16(A)(7) and Loc.R. 7(A)(7) and (E), he has not demonstrated any error by the trial court. Appellant had the burden of affirmatively demonstrating error on appeal. See Angle v. W. Res. Mut. Ins. Co. (Sept. 16, 1998), 9th Dist. No. 2729-M, at 2; Frecska v. Frecska (Oct. 1, 1997), 9th Dist. No. 96CA0086, at 4. It is not the obligation of an appellate court to search for authority to support an appellant's argument as to an alleged error. See Kremer v. Cox (1996),
{¶ 14} Accordingly, because Appellant has failed to set forth any legal error by the trial court in its sole assignment of error, this Court chooses to disregard it. Therefore, Appellant's assignment of error is overruled.
SLABY, P.J., BATCHELDER, J. CONCUR.
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