Harris v. Housing Appeals Bd., Unpublished Decision (2-19-2003)
Harris v. Housing Appeals Bd., Unpublished Decision (2-19-2003)
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} As, Charles Harris and Jacqueline Harris, appeal the decision of the Summit County Court of Common Pleas affirming the decision of the City of Akron Housing Appeals Board ("the Board"). We affirm.
{¶ 2} On February 26, 2002, the Akron Health Department ordered the Harrises to obtain semi-annual inspections from the Department of Health for the rental properties they owned and operated. On March 1, 2002, the Harrises appealed the order to the Board. On March 26, 2002, after a hearing, the Board denied the appeal. The Harrises received a notice of the Board's decision on March 26, 2002. The notice set forth the Ohio Revised Code citations regarding the Harrises' appeal rights, including the need to perfect an appeal within thirty days.
{¶ 3} On April 26, 2002, the Harrises filed a notice of appeal of the Board's decision with the Summit County Court of Common Pleas. The Board moved the trial court to dismiss the appeal because the Harrises failed to file a timely appeal. The trial court granted the motion to dismiss. It is from this order that the Harrises appeal.
{¶ 4} The Harrises assert two assignments of error. We will address the assignments of error together to facilitate review.
{¶ 7} In their assignments of error, the Harrises assert that the trial court erred by not excluding March 31, 2002 from the calculation of the thirty-day time period for appeal, and by not considering the fact that the Harrises are pro se. We disagree.
{¶ 8} The filing of a notice of appeal under R.C.
{¶ 9} R.C.
{¶ 10} March 31, 2002, was not the last day of the thirty-day time period to file the Harrises' appeal. It is undisputed that the Board's final order was entered on March 26, 2002 and that the Harrises did not file an appeal until thirty-one days later, on April 26, 2002.
{¶ 11} While the Harrises argue that they should be treated with less stringency than attorneys, pro se litigants are presumed to have knowledge of the law and of correct legal procedure and are held to the same standard as all other litigants. Kilroy v. B.H. Lakeshore Co.
(1996),
{¶ 12} The Harrises failed to timely perfect their appeal within thirty days of the Board's decision. Therefore, the trial court lacked jurisdiction to hear the administrative appeal.
{¶ 13} The Harrises' assignments of error are overruled and the decision of the Summit County Court of Common Pleas is affirmed.
SLABY, P.J. and WHITMORE, J. CONCUR.
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