Luper Neidenthal & Logan is pleased to announce a precedent-setting victory in the Supreme Court of Ohio on an appellate jurisdiction issue. Considering a “matter of first impression,” the Court determined the issue of where a notice of appeal must be filed to perfect an appeal to the Tenth District Court of Appeals from a civil forfeiture order of the Public Utilities Commission of Ohio (PUCO) pursuant to Ohio Revised Code 4923.99. That statute does not specify where the notice of appeal is to be filed. The Court of Appeals had determined that LNL’s client, LMD Integrated Logistic Services, Inc., had properly invoked jurisdiction by filing its notice of appeal with the Court of Appeals instead of with the PUCO’s docketing division. The Supreme Court in a 6-1 ruling affirmed the Court of Appeals decision.
The PUCO’s ample representation during briefing and oral argument signified its keen interest in this issue. This case has important implications for motor carriers by bringing clarity to the appeals process when contesting PUCO civil forfeiture orders to the Tenth District Court of Appeals.