DocketNumber: No. 08-CA-24.
Citation Numbers: 2008 Ohio 6327
Judges: EDWARDS, J.
Filed Date: 12/2/2008
Status: Precedential
Modified Date: 7/6/2016
{¶ 3} On August 27, 2007, the Department of Rehabilitation and Corrections, by and through the account clerk, Janet Hamilton, notified the appellant that the institution had received a certified copy of the decision of the Fifth District Court of Appeals and provided the appellant with copies of the costs bills for the action in the amount of one hundred and ninety two dollars and ninety four cents ($192.94). The certified documents had been provided to the institution by the Stark County Clerk of Courts for the collection of the costs of prosecuting the appeal. Appellant was also notified that the Institution intended to withdraw money from his inmate account to be applied toward the court costs. Finally, appellant was notified that, pursuant to Ohio Administrative Code Section
{¶ 4} On August 30, 2007, appellant pursued his administrative remedy and submitted a timely "Notice of Objection to the Judgment of Payment" to the Warden's Collection Designee, Gordon Lane. On September 7, 2007, Mr. Lane determined that the court order and other documents authorized the Institution to withdraw money from the appellant's inmate account. Thereafter, the institution issued payment in the amount of thirty-nine dollars and eight cents ($39.08) from appellant's inmate account towards the court costs.
{¶ 5} On September 12, 2007, appellant filed a "Notification of Grievance" with the Inspector's Office.
{¶ 6} On September 27, 2007, appellant filed a civil complaint in the Richland County Court of Common Pleas for declaratory judgment, injunctive relief and money damages against the Ohio Department of Rehabilitation and Corrections, the Mansfield Correctional Institution, Warden Stuart Hudson, Account Clerk Janet Hamilton, Stark County Clerk of Courts, Nancy Reinbold, and the Chief Fiscal Officer of the Stark County Clerk of Courts, Jo-Ann Murphy.
{¶ 7} In the complaint, appellant argued that funds had been improperly withdrawn from his inmate account to satisfy his court costs to the Stark County Court of Common Pleas. Specifically, appellant argued that R.C.
{¶ 8} In what appears to be an effort to comply with the mandates of R.C.
{¶ 9} On October 24, 2007, appellees, Nancy Reinbold, Stark County Clerk of Courts, and Jo-Ann Humphrey, Chief Fiscal Officer of the Stark County Clerk of Courts, filed a motion to dismiss the appellant's complaint for lack of subject matter jurisdiction. In the motion to dismiss, appellees argued they properly sent a notice to Mansfield *Page 5
Institution pursuant to R.C.
{¶ 10} On November 2, 2007, appellees, the Ohio Department of Rehabilitation and Correction, Warden Stuart Hudson and Janet Hamilton filed a Motion to Dismiss the appellant's complaint pursuant to Civ. R. 12(B)(1). In the motion to dismiss, appellees argued the matter should be dismissed for lack of jurisdiction because the court of claims has exclusive jurisdiction over a civil action against state agencies and employees for money damages. Appellees also argued the trial court lacked subject matter jurisdiction because appellant failed to establish he had exhausted his administrative remedies prior to filing his complaint as required by R.C.
{¶ 11} On November 15, 2007, without first seeking leave of court, appellant filed an amended complaint. The amended complaint asserted the same arguments as the initial complaint, deleted a request for punitive damages and amended the compensatory damages to $42.34.
{¶ 12} On December 6, 2007, appellees, the Ohio Department of Rehabilitation and Correction, Stuart Hudson and Janet Hamilton filed a joint motion to strike appellant's amended complaint. In support, appellees argued appellant had failed to comply with Civ. R. 15 (A) by not obtaining leave of court prior to filing the amended complaint. *Page 6
{¶ 13} On December 14, 2007, appellant filed a motion for summary judgment arguing appellee had not timely responded to his amended complaint.
{¶ 14} On December 17, 2007, appellant filed a "Notice." In the notice, appellant stated his administrative remedies in relation to the matter had been exhausted. Appellant's "notice" stated that a review of his appeal had been taken and the decision had been affirmed by the Office of the Chief Inspector. Appellant attached the "Decision of the Chief Inspector on a Grievance Appeal." In the decision, the chief inspector stated as follows: "You complain that institution staff has wrongly taken funds from your account from a court judgment that does not state it is a court order to make payment of any cost. In reviewing the grievance appeal and the documentation presented to this office, and of the department's administrative rule and policy in this matter. I cannot find where the institution has violated department policy or administrative rule in this instance. As such, I find the Inspector has appropriately responded to your complaint."
{¶ 15} On January 9, 2008, appellees Nancy Reinbold, Stark County Clerk of Courts, and Jo-Ann Humphrey, Chief Fiscal Officer of Stark County Clerk of Courts, filed a motion to strike appellant's amended complaint for failure to first seek leave from the trial court to plead.
{¶ 16} On January 31, 2008, the appellees filed a motion to stay the trial court's decision on appellant's summary judgment motion pending the trial court's determination on the motions to strike.
{¶ 17} On February 14, 2008, the trial court held a non-oral hearing on appellant's motion for summary judgment and appellees' motions to strike the amended complaint and motions to dismiss. Upon review, the trial court held, based upon the *Page 7
decisions in Midwest Fireworks Mfg. Co. v. Deerfield Twp. Bd. Of ZoningAppeals (2001),
{¶ 18} Appellant now seeks to appeal the trial court's judgment setting forth the following assignments of error:
{¶ 19} "I. THE TRIAL COURT ABUSED ITS DISCRETION AND ERRED TO APPELLANT'S PREJUDICE WHEN THE COURT DISMISSED THIS ACTION BY HOLDING IT WAS WITHOUT SUBJECT MATTER JURISDICTION TO GRANT THE REQUESTED RELIEF.
{¶ 20} "II. THE TRIAL COURT ABUSED ITS DISCRETION AND ERRED TO APPELLANT'S PREJUDICE WHEN THE COURT DENIED AND ORDERED STRICKEN APPELLANT'S AMENDED COMPLAINT AND MOTION FOR SUMMARY JUDGMENT FOR FAILING TO FIRST OBTAIN LEAVE PURSUANT TO CIVIL RULE 15.
{¶ 21} "III. THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT ISSUED A SECOND OR SUBSEQUENT JUDGMENT ENTRY AFTER PREVIOUSLY FINDING IN ITS PRIOR JUDGMENT ENTRY THAT THE COURT WAS WITHOUT SUBJECT MATTER JURISDICTION." *Page 8
{¶ 22} This case comes to us on the accelerated calendar governed by App. R. 11 which states the following in pertinent part:
{¶ 23} "(E) Determination and judgment on appeal
{¶ 24} "The appeal will be determined as provided by App. R. 11.1. It shall be sufficient compliance with App. R. 12 (A) for the statement of the reasons for the court's decision as to each error to be in brief and conclusionary form."
{¶ 26} Civ. R. 12(B)(1) states as follows:
{¶ 27} "Every defense, in law or fact, a claim for relief in any pleading, whether a claim, counterclaim, or third party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of subject matter jurisdiction over the subject matter."
{¶ 28} Civ. R. 12(B)(1) permits dismissal where the trial court lacks jurisdiction over the subject matter of the litigation. The standard of review for a dismissal pursuant to Civ. R. 12(B)(1) is whether any cause of action cognizable by the forum has been raised in the complaint.Milhoan v. E. Local School Dist. Bd. of Edn., *Page 9
{¶ 29} Ohio Administrative Code Section
{¶ 30} R.C.
{¶ 31} In this case, the record reflects that the appellant's initial complaint failed to satisfy the requirements of R.C.
{¶ 32} Furthermore, appellant never moved to amend his complaint to include an affidavit and documentation in compliance with R.C.
{¶ 33} For these reasons, we find that the trial court did not err in dismissing appellant's complaint for lack of jurisdiction. Accordingly, appellant's first assignment of error is hereby overruled.
{¶ 35} Having concluded, in the first assignment of error, that the trial court's dismissal of the cause of action for lack of subject matter jurisdiction was correct, we find the second assignment of error to be moot. As an appellate court, we are not required to render an advisory opinion or to rule on a question of law that cannot affect matters at issue in the present case. Fomar v. Griffin, Delaware App. No. CAE06 0025,
{¶ 37} Civ. R. 60(B) allows a court to correct clerical mistakes in judgments "at any time on its own initiative." Since the court may correct a clerical mistake at any time the trial court did not err in sua sponte ordering appellant to pay the costs of the action. *Page 12
{¶ 38} Additionally, assuming arguendo, the other issues addressed by the trial court are substantive, we find them to be moot.
{¶ 39} The decision of the Richland County Court of Common Pleas is hereby affirmed.
*Page 13Edwards, J. Delaney, J. concur and Hoffman, P.J. concurs separately