King, In re

• Decision Date: 16 April 1980
• Docket Number: No. 79-1510,79-1510
• Citation: 403 N.E.2d 200,62 Ohio St.2d 87
• Parties: , 16 O.O.3d 73 In re Claim of KING.
• Court: Ohio Supreme Court

Page 87

62 Ohio St.2d 87

403 N.E.2d 200, 16 O.O.3d 73

In re Claim of KING.

No. 79-1510.

Supreme Court of Ohio.

April 16, 1980.

Appellee, Michael E. King, was terminated from his employment with Goodyear Tire & Rubber Co. in March 1977. The administrator of the Ohio Bureau of Employment Services, appellant, both initially and on reconsideration, denied appellee's application for unemployment compensation benefits, since appellee was found to have been discharged for just cause within R.C. 4141.29(D)(2)(a). A referee affirmed the denial of benefits and the Board of Review of the bureau disallowed an application for further appeal.

Appellee appealed the board's decision to the Court of Common Pleas of Jackson County. Appellee filed a copy of his notice of appeal with that court, with the Board of Review, and with Goodyear. Appellee did not file a copy of the notice of appeal with the appellant. Appellee named only himself as a party to the appeal, and failed to name Goodyear and the appellant as parties. The trial court reversed the decision of the Board of Review and held appellee to be entitled to benefits.

On appeal, the Court of Appeals affirmed, and finding its judgment to be in conflict with the determination of the Court of Appeals for Franklin County in Parks v. Bd. of Review (December 26, 1978, Nos. 77AP-930 and 77AP-931), unreported, certified the record of the case to this court for review and final determination.

Douthett & Ochsenbein and Marshall B. Douthett, Jackson, for appellee.

William J. Brown, Atty. Gen., and Marquette D. Evans, Columbus, for appellant.

PER CURIAM.

The issue before this court is whether the requirement of R.C. 4141.28(O) that a party appealing to the Court of Common Pleas timely filed a copy of his notice of appeal with all interested parties is a mandatory and jurisdictional requirement. R.C. 4141.28(O) provides, in relevant part:

"Any interested party may, within thirty days after notice of the decision of the board was mailed to the last known post office address of all interested parties, appeal from the decision of the board to the court of common pleas of the county wherein the appellant, if an employee, is resident or has his principal place of business in this state. Such appeal shall be taken within such thirty days by the appellant by filing a notice of appeal with the clerk of the court of common pleas, with the board, and upon all appellees by certified mail to their last known post office address. * * * All other interested parties before the board or the referee shall be made appellees." (Emphasis added.)

"Interested party," as defined in R.C. 4141.01(I), includes the administrator of the Bureau of Employment Services.

This court, in Zier v. Bureau of Unemployment Comp. (1949), 151 Ohio St. 123, 84 N.E.2d 746, held in the first paragraph of the syllabus that: "An appeal, the right to which is conferred by statute, can be perfected only in the mode prescribed by statute. The exercise of the right conferred is conditional upon compliance with the accompanying mandatory requirements." We held further in the second paragraph of the syllabus that " * * * (c)ompliance with these specific and mandatory requirements governing the filing of such notice is essential to invoke jurisdiction of the Court of Common Pleas. * * * " See, also, Todd v. Garnes (1975), 44 Ohio St.2d 56, 337 N.E.2d 790. It is, therefore, well-established that where a statute confers a right of appeal, as in the instant...