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Law & Litigation Blog

Posts tagged Notice of Cross Appeal
Thompson v. Knobeloch: An Appellate Lesson, Courtesy of the Tenth District Court of Appeals

The Tenth District Court of Appeals recently decided the case of Thompson v. Knobeloch, a lawyer's worst nightmare. Ohio appellate attorneys must take note.

This was a medical malpractice case. The lawyers for the Plaintiffs/malpractice victims did an incredible job. They won a jury verdict of $1,578,539.51 for their clients in the Franklin County Court of Common Pleas, a remarkable result in what I can only imagine must have been a very hard-fought trial. Of course, the doctor they sued filed numerous post-trial motions requesting a new trial and asking the Trial Court to set aside the jury verdict. When the Trial Court denied their motions, they appealed.

The Plaintiffs filed a "Notice of Cross Appeal" (having to do with the jury not being instructed on punitive damages). But the Court of Appeals, sua sponte ("on its own Motion," without the Defendant even requesting it), dismissed their cross appeal. Why? Because it was filed with the clerk of the Court of Appeals, not the clerk of the Trial Court. 

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