Baker v. Tarsha, Unpublished Decision (11-24-2004)
Baker v. Tarsha, Unpublished Decision (11-24-2004)
Opinion of the Court
{¶ 2} We begin with the legal principle holding that 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),
{¶ 3} The burden of affirmatively demonstrating error on appeal rests with the party asserting error. App.R. 9(B); App.R. 16(A)(7). App.R. 12 (B) provides that an appellate court is required to determine the merits of an appeal on the assignments of error, which should designate the specific rulings that an appellant challenges. North Coast Cookies, Inc. v. SweetTemptations, Inc. (1984)
{¶ 4} Despite appellant's failure to state specific assignments of error, two "assignments" can be gleaned from his brief. These are: (1) Appellant is entitled to judgment on his counterclaim (which the trial court denied); and (2) Because appellee originally demanded a jury trial, appellant is entitled to a jury trial.
{¶ 5} Transcripts of the proceedings held by the trial court, or a suitable alternative as provided for in App.R. 9, are required to determine appellant's deemed assignments of error. Appellant bears the burden of demonstrating error by reference to the record of the proceedings below, and it is his duty to provide the reviewing court with adequate transcripts. App.R. 9(B) and App.R. 10(A); Burrell v. Kassicieh (1998),
{¶ 6} "When portions of the transcript necessary for resolution of assigned errors are omitted from the record, the reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm." Knapp v.Edwards Laboratories, 61 Ohio St.2d at, 199. Therefore, on the record presented to this court, without more, we must presume the regularity of the proceedings from which the appeal is taken and hold that the trial court did not err in entering judgment in favor of appellee. Appellant's two "assignments of error are found not well-taken.
{¶ 7} On consideration whereof, this court finds that substantial justice was done the party complaining and the judgment of the Lucas County Court of Common Pleas is affirmed. Appellant is ordered to pay the costs of this appeal, pursuant to App.R. 24.
Judgment affirmed.
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.
Handwork, P.J., Pietrykowski, J., Singer, J., Concur.
Reference
- Full Case Name
- Donald A. Baker, M.D. v. Ray Tarsha
- Cited By
- 3 cases
- Status
- Unpublished