Village of Commercial Point v. Branson, 7828

• Decision Date: 17 July 1969
• Docket Number: No. 7828,7828
• Citation: 20 Ohio Misc. 66,251 N.E.2d 705
• Parties: , 48 O.O.2d 349, 49 O.O.2d 102 VILLAGE OF COMMERCIAL POINT, Ohio, Plaintiff, v. James BRANSON, Defendant.
• Court: Ohio Court of Common Pleas

Page 66

20 Ohio Misc. 66

251 N.E.2d 705, 48 O.O.2d 349, 49 O.O.2d 102

VILLAGE OF COMMERCIAL POINT, Ohio, Plaintiff, v. James BRANSON, Defendant.

No. 7828.

Court of Common Pleas of Ohio, Pickaway County.

July 17, 1969.

David L. Kraft, Ashville, for village of Commercial Point, Ohio, plaintiff.

Richard L. Gerhardt, Circleville, for defendant.

OPINION

AMMER, Judge.

This is an appeal from a judgment of the Mayor's Court of the village of Commercial Point filed in that court on February 14, 1969.

In that decision the Mayor entered a finding to the effect that the defendant was guilty of violation of an ordinance of the village relating to house trailers and imposed a penalty of a fine plus costs.

This appeal was taken by the defendant under the provisions of Section 2953.02 of the Revised Code. In this appeal the defendant raises question relative to the enactment and constitutionality of the ordinance.

Briefs in support of and contra to said appeal have been filed and oral arguments had thereon. This appeal raises the question of the jurisdiction of this court which will be reviewed sua sponte. Section 1905.22 of the Revised Code reads as follows:

'A conviction under an ordinance of any municipal corporation may be reviewed on appeal in the same manner as appeals on questions of law from a county court, and the judgment of affirmance or reversal may be reviewed in the same manner, and for this purpose a bill of exceptions may be taken, or a statement of facts embodied in the record on the application of any party.'

Section 1921.01 of the Revised Code reads as follows:

'Either party may appeal from the final judgment of a judge of a county court, to the court of common pleas of the county in which the judgment was rendered.'

Section 2953.02 of the Revised Code reads in part as follows:

'In a criminal case, including a conviction for the violation of an ordinance of a municipal corporation, the judgment or final order of a court or common pleas, may be reviewed in the court of common pleas, and a judgment or final order of a court of record or officer inferior to the court of appeals may be reviewed in the court of appeals.'

It now becomes necessary for the court to determine whether the appeal from the Mayor's Court to the Court of Common Pleas is authorized by Article IV, Section 4 of the Ohio Constitution as amended on May 7, 1968. Prior to the May 7, 1968 amendment Article IV, Section 4 of the Ohio Constitution provided as follows:

'The jurisdiction of the courts of common pleas, and of the judges thereof shall be fixed by law.'

Under this provision the General Assembly had authority to confer jurisdiction upon the Courts of Common Pleas to hear appeals from a Mayor's Court.

The Judicial Article of the Constitution above referred to, was amended by a vote of the electorate on May 7, 1968.

The jurisdiction of the Courts of Common Pleas is set forth in paragraph (B) of said section which reads as follows:

'The courts of common pleas shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law.'

This amended section of the Ohio Constitution relating to jurisdiction of the Courts of Common Pleas was in effect upon the dates that the decision was rendered in Mayor's Court and at the time that this appeal was filed in this court. See City of Euclid v. Heaton, 15 Ohio St.2d 65, 238 N.E.2d 790.

The effect of this constitutional article upon the jurisdiction of appeals from Municipal Courts to the Courts of Common Pleas was considered in the case of Stone et al. v. Goolsby et al., 18 Ohio Misc. 105, 245 N.E.2d 742, in which the first syllabus reads as follows:

'Since the amendment of Division (B) of Article IV, Section 4, Ohio Constitution, effective May 7, 1968, the General Assembly is not authorized to confer jurisdiction upon Courts of Common Pleas to review proceedings of municipal courts.'

The Court has reviewed that opinion rendered by Whiteside, J. of the Franklin County Common Pleas Court and concurs in the opinion as rendered by the court. It is true that in that case the appeal was one relative to a civil matter whereby the appeal in this case relates to a criminal ordinance, however, the constitutional provisions are applicable equally to civil as well as criminal cases. Article IV, Section 3, Sub-section (B)(2) sets forth the jurisdiction of Court of Appeals as follows:

'Courts of appeals shall have such jurisdiction as may be provided by law to review and affirm, modify, or reverse judgments or final orders of the courts of record inferior to the court of appeals within the district and shall have such appellate jurisdiction as may be provided by law to review and affirm, modify, or reverse final orders or actions of administrative officers or agencies.'

It is clear from a reading of the constitutional judicial article that it was the intent of the framers of the amendment to confer jurisdiction for a review of judgments of courts of record inferior to the Courts of Appeals in the Courts of Appeals and not in the Courts of Common Pleas. This court is of the opinion that the provisions for review as to the Courts of Appeal and the Courts of Common Pleas excludes the conferring by constitutional mandate of any additional appellate jurisdiction upon the Courts of Common Pleas. The General Assembly is without power to enlarge the...