Does Failure to File Original Notice of Appeal With the Agency Constitute a Jurisdictional Defect Mandating Dismissal ?
In Harrison v. Ohio State Med. Bd. (1995), the appellant filed a notice of appeal with the trial court and then filed a copy of that notice with the agency.
The court of appeals noted that R.C. 119.12 requires that a "notice of appeal" be filed with the agency, not a copy of a notice of appeal, and concluded that the appellant's failure to strictly comply with this requirement was a jurisdictional defect mandating dismissal. Id., 103 Ohio App. 3d at 321, 659 N.E.2d at 371.
In Carnes v. Ohio Dept. of Commerce (Aug. 31, 2000), the appellant also filed an original notice of appeal with the court and a copy of that notice with the agency.
The court of appeals cited Harrison for the proposition that failure to file the original notice of appeal with the agency within the allotted time constitutes a jurisdictional defect, and affirmed the trial court's dismissal.