City of Toledo v. Crenshaw, Unpublished Decision (1-24-2003)
City of Toledo v. Crenshaw, Unpublished Decision (1-24-2003)
Opinion of the Court
{¶ 2} The city of Toledo has moved to dismiss appellant's appeal, arguing that he lacks standing to appeal a ruling which was not adverse to him.
{¶ 3} "Appeal lies only on behalf of a party aggrieved by the final order appealed from. Appeals are not allowed for the purpose of settling abstract questions, but only to correct errors injuriously affecting the appellant." State ex rel. Gabriel v. Youngstown (1996),
{¶ 4} This was a criminal complaint which was dismissed; therefore, appellant suffered no adverse action. There is no provision for an "answer and counterclaim" in a criminal matter. See Crim.R. 1, et seq. Any civil claim appellant believes he may have for his perceived inconvenience in this matter is not before this court.
{¶ 5} Accordingly, appellant lacks standing to pursue an appeal in this matter and the city of Toledo's motion to dismiss is well-taken. Costs to appellant.
APPEAL DISMISSED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Richard W. Knepper, J., Mark L. Pietrykowski, J., and George M.Glasser, J., CONCUR.
Judge George M. Glasser, retired, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
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