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Phillips v. Unemp. Comp. Rev. Comm.

2026-09-14

Authorities cited

Opinion

majority opinion

[Cite as Phillips v. Unemp. Comp. Rev. Comm., 2026-Ohio-3581.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

LAKE COUNTY

MYRON R. PHILLIPS, CASE NO. 2026-L-0014

Appellant,

Administrative Appeal from the

- vs - Court of Common Pleas

UNEMPLOYMENT COMPENSATION

REVIEW COMMISSION, et al., Trial Court No. 2025 CV 002304

Appellees.

OPINION AND JUDGMENT ENTRY

Decided: September 14, 2026

Judgment: Reversed; remanded

Myron R. Phillips, pro se, 8283 Brodie Boulevard, Mentor, OH 44060 (Appellant).

Andy Wilson, Ohio Attorney General, State Office Tower, 30 East Broad Street, 16th Floor, Columbus, OH 43215, and Patrick MacQueeney, Assistant Attorney General, 615 West Superior Avenue, 11th Floor, Cleveland, OH 44113 (For Appellees).

EUGENE A. LUCCI, J.

{¶1} Appellant, Myron R. Phillips, appeals the judgment of the trial court denying

his administrative appeal from a decision of the Unemployment Compensation Review

Commission (“the review commission”). For the reasons that follow, we reverse the

decision of the trial court and remand this matter for further proceedings consistent with

this opinion.

{¶2} On December 17, 2025, Phillips filed a “Notice of Appeal” pursuant to R.C.

4141.282 in the trial court, naming the “UNEMPLOYMENT COMPENSATION REVIEW

COMMISSION OHIO DEPARTMENT OF JOB AND FAMILY SERVICES DIRECTOR,

OHIO DEPARTMENT OF JOB AND FAMILY SERVICES” as the appellee. Phillips stated

that he was appealing from the final decision of the review commission that was mailed

on December 11, 2025.

{¶3} On February 4, 2026, the trial court sua sponte issued an order finding that

Phillips’s appeal failed to identify the decision from which he appealed in accordance with

R.C. 4141.282(C). The court referenced case law holding that an appellant in an

administrative appeal must strictly comply with statutory requirements to invoke the

jurisdiction of the court of common pleas. See Zier v. Bur. of Unemp. Comp., 151 Ohio

St. 123 (1949), paragraphs one and two of the syllabus, and Van De Hey v. Ashtabula

Cty. Aud., 2023-Ohio-346, ¶ 28 (11th Dist.). The trial court then concluded that “[b]ecause

the appellant failed to meet th[e] statutory requirement” of identifying the appealed

decision, “his appeal is not well-taken and is hereby denied.”

{¶4} Phillips timely appealed the trial court’s February 4, 2026 decision, and he

now assigns two errors for our review.

{¶5} In his first assigned error, Phillips argues:

{¶6} “The trial court erred in dismissing Appellant's administrative appeal for

failure to strictly comply with R.C. 4141.282(C) when the Notice of Appeal substantially

complied with the statute and adequately identified the decision being appealed.”

{¶7} With respect to an appeal to a common pleas court from a decision of the

unemployment review commission, R.C. 4141.282(A) requires that the appeal be filed

“within thirty days after written notice of the final decision” was sent to the interested

parties. R.C. 4141.282(C) provides that “[t]he timely filing of the notice of appeal shall be

the only act required to perfect the appeal and vest jurisdiction in the court. The notice of

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Case No. 2026-L-0014

appeal shall identify the decision appealed from.” Here, there is no dispute that the notice

of appeal was timely filed in the trial court. Therefore, pursuant to the plain language of

the statute, the trial court had jurisdiction over the appeal regardless of whether the notice

of appeal sufficiently identified the appealed decision. See Pryor v. Dir., Dept. of Job &

Family Servs., 2016-Ohio-2907, ¶ 14 (“The General Assembly has clearly stated in R.C.

4141.282(C) that the timely filing of the notice of appeal is the ‘only’ jurisdictional

requirement for perfecting an appeal. The word ‘only’ means just that.”).

{¶8} In its answer brief filed in this court, appellee, the Ohio Department of Job

and Family Services (“ODJFS”), appears to agree that the trial court erred in dismissing

the appeal on jurisdictional grounds. However, it contends that Phillips failed to name the

proper parties as appellees pursuant to R.C. 4141.282(D) in his notice of appeal filed in

the trial court. ODJFS maintains that this failure warrants dismissal, but, because the trial

court dismissed the appeal sua sponte, ODJFS had not yet moved to dismiss on this

basis. ODJFS maintains that the proper remedy is to remand this matter to the trial court

for further proceedings.

{¶9} We agree with the parties to the extent that they both contend that this

matter was wrongfully dismissed on the basis of subject matter jurisdiction. We hold only

that, because the notice of appeal was timely filed, the trial court’s jurisdiction was

properly invoked. We express no opinion as to the sufficiency of identification of the

appealed decision of the review commission or the merits of dismissal on the basis

advanced by ODJFS.

{¶10} Accordingly, Phillips’s first assigned error has merit.

{¶11} In his second assigned error, Phillips contends:

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Case No. 2026-L-0014

{¶12} “The Review Commission abused its discretion in determining that

Appellant lacked good cause for failing to appear at the scheduled hearing.”

{¶13} Because the trial court dismissed this matter without reaching the merits,

and our resolution of the first assigned error requires remand, consideration of the second

assigned error pertaining to the merits of Phillips’s case is not ripe for our review, and we

therefore do not address it.

{¶14} The judgment of the trial court is reversed, and this matter is remanded to

the trial court for further proceedings consistent with this opinion.

MATT LYNCH, P.J.,

JOHN J. EKLUND, J.,

concur.

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Case No. 2026-L-0014

JUDGMENT ENTRY

For the reasons stated in the opinion of this court, it is the judgment and order of

this court that the judgment of the Lake County Court of Common Pleas is reversed, and

this matter is remanded to the trial court for further proceedings consistent with the

opinion.

Costs to be taxed against appellees.

JUDGE EUGENE A. LUCCI

PRESIDING JUDGE MATT LYNCH,

concurs

JUDGE JOHN J. EKLUND,

concurs

THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY

A certified copy of this opinion and judgment entry shall constitute the mandate

pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.

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Case No. 2026-L-0014