Nippon Sushi & Steak, L.L.C. v. Ohio Liquor Control Comm.

Citations

• 247 N.E.3d 484
• 2024 Ohio 2341

Syllabus

Judgment affirmed. The Franklin County Court of Common Pleas properly dismissed for lack of subject-matter jurisdiction an administrative appeal filed by appellant, Nippon Sushi and Steak, L.L.C. (\Nippon\), from two orders by defendant-appellee, the Ohio Liquor Control Commission (the \commission\). The common pleas court correctly determined that Nippon did not file a timely response to the commission's motion to dismiss, and its decision granting that motion did not deny Nippon the opportunity to respond. Neither Civ.R. 6(C)(1), which provides for an extended 28-day response period with respect to motions for summary judgment, nor Loc. R. 53.01 extended the 14-day response period for Nippon to respond to the commission's motion to dismiss. Nippon did not perfect its appeal in accordance with R.C. 119.12(D) and 4301.28(C) because the commission did not receive Nippon's notice of appeal within 21 days after the commission mailed its orders. Therefore, the common pleas court lacked jurisdiction over Nippon's appeal. The common pleas court did not err by not considering Nippon's motion for reconsideration and motion for relief from judgment, as neither type of motion is properly filed in an administrative appeal.