Todd v. Garnes, 75-404
Decision Date | 19 November 1975 |
Docket Number | No. 75-404,75-404 |
Citation | 44 Ohio St.2d 56,337 N.E.2d 790 |
Parties | , 73 O.O.2d 282 TODD, Appellant, v. GARNES, Admr., Bureau of Unemployment Compensation, et al., Appellees. |
Court | Ohio Supreme Court |
Boyd, Wyler & McKew and William S. Wyler, Cincinnati, for appellant.
William J. Brown, Atty. Gen. and Richard H. Lippert, Cincinnati, for appellees.
As pertinent to this case, R.C. 4141.28(O) provides:
* * *'
Appellant admits that no notice of appeal was sent to the Board of Review within the 30 days required by R.C. 4141.28(O). He contends, however, that the 30-day filing requirement with the board is non-jurisdictional.
In Zier v. Bureau of Unemployment Compensation (1949), 151 Ohio St. 123, 84 N.E.2d 746, this court held such 30-day filing requirement to be jurisdictional:
* * *'(Emphasis added.)
Here, appellant did not file his notice of appeal with the board within 30 days of the time the board's decision was mailed. The Court of Common Pleas did not, therefore, acquire jurisdiction, and its dismissal of the attempted appeal of appellant was correct.
The judgment of the Court of Appeals, affirming the judgment of the Court of Common Pleas, is affirmed.
Judgment affirmed.
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