In the case of Hendy v. Ohio Civ. Rights Comm’n, 2020-Ohio-5415, the Ohio Ninth District Court of Appeals held that the failure to name all parties in a notice of appeal does not deprive the court of subject matter jurisdiction over a case.
Mr. Hendy argued that the trial court erred in dismissing his appeal for lack of subject matter jurisdiction on the grounds that he had not properly perfected the appeal under R.C. 4112.06.
The Court agreed with Mr. Hendy, holding the formal naming of all parties before the Ohio Civil Rights Commission was not a jurisdiction requirement, and the trial court had actually deprived Mr. Hendy of the one-year period to deliver service upon all parties by dismissing the case.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.