Appeals to Ohio Court of Appeals

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   Ohio law allows most cases to be appealed to a Court of Appeals. Ohio has a Court of Appeals in 12 geographical districts. One must usually appeal to the Court of Appeals for one’s district before being able to seek appeal to the Supreme Court of Ohio. The person appealing a ruling against them is the “appellant.” The person responding to appeal is the “appellee.” One can also appeal most decisions made by an administrative agency. In addition to attorney fees, the costs in an appeal usually include a filing fee and reproduction of the trial transcript if a hearing was held. The transcript cost is calculated by the page and can be $200 or more per hour of testimony. A litigant who cannot afford the filing and transcript costs can ask the Court of Appeals to waive those costs.

 

            The court of appeals will review only those arguments brought to their attention by your attorney and will grant relief only if the trial court erred. The Court of Appeals will not hear evidence or include evidence not put in the record at trial. Moreover, the Court of Appeals will usually not entertain arguments not made at the trial court. Thus, a good appellate attorney is one who studies the trial court record diligently, researches the law thoroughly, and writes clearly and succinctly. Good appellate attorneys search hard for applicable arguments or statutes that the trial court did not see or think of.

 

            One who loses in the Court of Appeals can ask the Supreme Court of Ohio to review their case. The Supreme Court, however, reviews less than ten percent of the cases submitted to it. My first task as your attorney, therefore, is to convince the Supreme Court that your case is important to decide for the state of Ohio as a whole. That includes writing both with clarity about the law and with passion as to why your case is important. If the Supreme Court “accepts jurisdiction,” the case proceeds like an appeal.

 

            As your attorney, I will assess the merits of your potential appeal honestly, and, more importantly, will be diligent in trying to reach a winning result because I care about your rights and I hate losing.

 

            In addition to my experience as an extern with the Second District Court of Appeals during law school, my appellate experience is listed below. For those cases after 2007 with Supreme Court numbers, the briefs can be found at the Ohio Supreme court website at http://www.supremecourt.ohio.gov/. Click at left on “clerk of courts and case information” and then on “online docket.” Search by name: Smith Erik or by Supreme Court case number.

 

 

 

State ex rel. Otten v. Wyler, Sup. Ct. Case No. 2008-0054.

 

(Amicus brief (friend-of-the–court) supporting father--complaint dismissed after respondent took requested judicial action.)

 

 

 

 

In re Adoption of P.A.C., 126 Ohio St. 3d 236 (Sup. Ct. No. 2009-1757)

 

(Amicus brief urging acceptance of case—appeal accepted. Merit brief as amicus urging reversal—reversal granted.)

 

 

 

In re T.S., 2007-Ohio-5900

 

(Appellate brief with the attorney representing the appellant/mother--won on appeal)

 

 

 

Heart of Adoptions Inc. v. J.A., 2007 Fla. LEXIS 1236 (FL. Sup. Ct. July 12, 2007)

 

(Amicus brief with the attorney representing CUB urging reversal—reversal granted.)

 

 

 

Hamad v. Hamad, 2007-Ohio-2239

 

(Appellate brief for appellant/husband's attorney--partial reversal)

 

 

 

In re Young, 2006-Ohio-4537

 

(Amicus brief to Ohio Supreme Court supporting mother/appellant--jurisdiction declined)

 

 

 

Smith v. Hayes, 2005-Ohio-2961

 

(Pro se at all stages)

 

 

 

Hollins v. Massanari, No. 01-3535, (6th Cir. 2002)

 

(Petition for certiorari to U.S. Supreme Court for attorney representing claimant--cert denied)

 

 


The above cases are rmerely representative examples.  Erik L. Smith does not guarantee that a certain result will occur in a similar situation.  Please read disclaimer.

The Ohio Putative Father Registry–the WHAT?

I am a single man. Yet I had been in Ohio for over a year before hearing of the Ohio Putative Father Registry, and then only in a Probate Law class. The professor was covering how a child could be adopted without the birth father's consent. "ORC 3701.061: A man who has sexual intercourse with a woman is on notice that if a child is born as a result and the man is the putative father, the child may be adopted without his consent pursuant to division (B) of section 3107 of the Revised Code." That section required the man sign the Putative Father Registry within thirty days after the birth to get notice of the adoption.

 

Ohio Putative Father Registry: The Basics

Unwed fathers are entitled to notice of petitions to adopt their biological children. Yet many fathers lose this right by not registering timely with the Ohio putative father registry (PFR).1R.C. 3107.062. Because adoptions are probate proceedings, lawyers practicing juvenile, domestic relations, or traditional probate law may not understand how the Ohio PFR applies.  At initial consultations then, attorneys may omit counseling fathers about the registry and refer them to attorneys with more specialized experience. But the strict registration deadline, and often unknown deadline date, demand that the father register immediately. Thus the attorney should consider counseling the client about the PFR and help him register that day before referring him. This article gives the information needed to do that.

Preventing Your Infant Child From Being Adopted Without Your Consent

Summary

Consult an adoption law or family law attorney. Otherwise: An unwed father has no absolute right to veto an adoption. You must take action to preserve your rights. Whether the mother is considering adoption or not, an unwed father should, as soon as possible and preferably before the birth:

Disclaimer: The information on the website is not intended to be a source of solicitation or legal advice, the results obtained in any legal matter discussed in any articles or examples are not typical. The information discussed on this website should not be construed as a certain result will occur in a similar situation, the reader should not rely on the information on this site as the sole source of information to make a legal-hiring decision. The reader should not consider the information on this website to be an invitation for an attorney-client relationship. Readers should not act or decline to act based on the content from this site, and should instead contact an attorney or other appropriate professional. Articles and information on this website may discuss law in multiple jurisdictions, as laws and regulations differ from one jurisdiction to another, it is important to discuss your particular situation with an attorney in the jurisdiction where your legal matter exist. Erik Smith does not represent that he has any particular expertise in any area of law. You may email Erik Smith, but to the extent allowed by law those communications shall not be treated as privileged unless Erik Smith represents you, as such do not send confidential information until you have established a formal attorney-client relationship with him. Where applicable on this website, you are informed that we are an interactive computer service that enables access by multiple users and should not be treated as the publisher or speaker of any information provided by another information content provider. Where applicable Copyright ©2021 Erik L Smith