Camper Care v. Forest River, 08ap-146 (6-30-2008)
Camper Care v. Forest River, 08ap-146 (6-30-2008)
Opinion of the Court
OPINION
{¶ 1} In this consolidated appeal, plaintiff-appellant, Camper Care, Inc. ("appellant"), from the judgments of the Franklin County Court of Common Pleas that dismissed appellant's administrative appeals.{¶ 2} On August 24, 2004, a hearing examiner for the Motor Vehicle Dealers Board ("Board") issued a report that recommended appellant's protest against defendant-appellee, Forest River, Inc. ("appellee"), be dismissed. The Board adopted that recommendation on September 29, 2006. *Page 2
{¶ 3} In the interim between those two events, on September 8, 2006, appellant filed a notice of appeal, stating that it was appealing the hearing examiner's report issued August 24, 2006; this case was assigned No. 06CVF-09-11765 ("first appeal"). On November 9, 2006, appellant filed another notice of appeal ("second appeal"), indicating that it was appealing the Board's order of September 29, 2006. Appellant's second appeal, which was assigned case No. 06CVF-11-14748, contained a request that it be consolidated with the first appeal.
{¶ 4} Appellee filed motions to dismiss in each case on the ground that the trial court lacked subject-matter jurisdiction. These motions were granted and the cases were dismissed by the trial courts on the basis that appellant failed to comply with the requirements of R.C.
Assignment of Error No. 1
The common pleas court erred in granting Forest River's motion to dismiss Camper Care's administrative appeal for lack of subject matter jurisdiction.
Assignment of Error No. 2
The common pleas court erred in failing to consolidate Case Numbers 06CV011765 and 06CV014748 for purposes of appeal.
{¶ 5} We will address these assignments of error together as they are interrelated. In its first assignment of error, appellant concedes that the first appeal was premature, but argues that App. R. 4(C) is applicable to administrative appeals, and, therefore, its "notice of appeal should have been deemed filed immediately after the September 29, 2006, determination by the [Board]." (Appellant's brief, at 9.) By its *Page 3 second assignment of error, appellant contends that both appeals should have been consolidated, and the failure to do so was error.
{¶ 6} Subject-matter jurisdiction is the power conferred on a court to decide a particular matter on its merits and render an enforceable judgment over the action. Morrison v. Steiner (1972),
{¶ 7} Statutory terms govern appeals from administrative agencies. R.C.
Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the party's appeal. A copy of the notice of appeal shall also be filed by the appellant with the court. Unless otherwise provided by law relating to a particular agency, notices of appeal shall be filed within fifteen days after the mailing of the notice of the agency's order as provided in this section. * * *
"[T]o constitute an `adjudication' for purposes of R.C.
{¶ 8} Where a statute confers the right of appeal, an appeal may be perfected only in the manner prescribed by statute. Village of Hills Dales v. Ohio Dept. of Edn., Franklin App. No. 06AP-1249,
{¶ 9} In this case, appellant has failed to comply with several of the filing requirements imposed by R.C.
{¶ 10} To that end, we find appellant's reliance upon In re Namey
(1995),
{¶ 11} Even if App. R. 4(C) was applicable, appellant has still failed to comply with R.C.
{¶ 12} In the final analysis, appellant's first appeal is of little or no significance; had appellant filed a notice of appeal with the common pleas court, which complied with R.C.
{¶ 13} For the foregoing reasons, appellant's first and second assignments of error are overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgments affirmed.
*Page 1BROWN and FRENCH, JJ., concur.
Reference
- Full Case Name
- Camper Care, Inc. v. Forest River, Inc.
- Cited By
- 4 cases
- Status
- Published