NIBERT v. OHIO DEPT. OF REHAB. & CORR.

Nos. 97-1905 and 97-1997.

84 Ohio St.3d 100 (1998)

NIBERT, APPELLANT, v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, APPELLEE.

Supreme Court of Ohio.

Decided December 9, 1998.


Attorney(s) appearing for the Case

Tanner, Mathewson & Hansgen and Shirley C. Hansgen, for appellant.

Betty D. Montgomery, Attorney General, and John B. Kahle, Assistant Attorney General, for appellee.

Betty D. Montgomery, Attorney General, Peter M. Thomas and Anne Berry Strait, Assistant Attorneys General, urging affirmance for amici curiae, State Personnel Board of Review et al.


FRANCIS E. SWEENEY, SR., J.

The court of appeals certified the following issue for our determination: "When a party files a notice of appeal with an administrative agency within the fifteen-day period set forth in R.C. 119.12, but fails to file a copy of the notice of appeal with the appropriate court of common pleas within the fifteen-day period, does the court of common pleas have subject matter jurisdiction over the appeal?" For the reasons that follow...

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