naming wrong party as appellee in contravention of R.C. 2505.05 was not a jurisdictional defect inasmuch as appeal requirements should be “liberally construed so as not to deny an appeal on technical grounds”
How later courts described this case
- naming wrong party as appellee in contravention of R.C. 2505.05 was not a jurisdictional defect inasmuch as appeal requirements should be “liberally construed so as not to deny an appeal on technical grounds”
- “Under R.C. 2505.04, the only jurisdictional requirement is the filing of the notice of appeal.”
Written by the judges who cited it.
The opinion
Parrino, P.J.,
concurring.
I concur in the reversal of the judgment of the trial court based upon my dissent in
Catchings
v.
Cleveland Public Schools
(April 1, 1982), Cuyahoga App. No. 43730, unreported, as well as upon the reasoning set forth by the majority above.
The failure to name the proper party-appellee in the instant case is not a jurisdictional defect.