Wooster Iron & Metal Co. v. Whitman

Wooster Iron & Metal Co. v. Whitman (1973), 37 Ohio App.2d 1, 305 N.E.2d 812, concerned a motion for a stay of execution of an ERAC order from which the appeal was taken pursuant to R.C. 3745.06. The Court noted that, if the appellate rules applied, App.R. 7 would require that the relief be sought from the "trial court" and denied prior to seeking a stay, pending appeal, from this court. Id. Citing App.R. 1, the Court stated that "the appellate rules are limited in application to appeals from trial courts of record and do not apply to administrative appeals directly to the court of appeals." Id., at 2. The Court concluded that, since ERAC is an administrative agency created by R.C. 3745.02 rather than a trial court of record, "the appellate rules do not apply to appeals from ERAC to the court of appeals pursuant to R.C. 3745.06. Rather, that section controls appeals to the court of appeals from ERAC." Id. The court granted the motion for stay in light of the fact that R.C. 3745.06 expressly provides that the court hearing an ERAC appeal "may grant a suspension of the order and fix its terms" in the case of an unjust hardship. Id., at 3.