STATE, EX REL. MOTLEY, v. CAPERS

No. 85-543.

23 Ohio St. 3d 56 (1986)

THE STATE, EX REL. MOTLEY, APPELLEE, v. CAPERS, JUDGE, ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Jerome Silver, for appellee.

John D. Maddox, director of law, Marilyn G. Zack and Heather Graham-Oliver, for appellants.


Per Curiam.

The question of whether a transcript is unavailable within the meaning of App. R. 9(C) when an indigent appellant in a civil appeal can not afford to have one prepared is one of first impression before this court. All parties in civil actions have a statutory right to appeal an adverse lower court judgment. See R.C. 2505.03. In order to exercise that right, the appealing party must ensure that the trial court transcript is sent to the court of appeals...

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