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Kirkhart v. Keiper11/22/2002
Judgment: Reversed and remanded.
. Beverly Kirkhart ("appellant/cross appellee"), appeals the January 3, 2001 judgment entry of the Portage County Common Pleas Court, granting summary judgment in favor of Charles Keiper and Christopher Smeiles ("appellees"). Jon Barber (appellee/cross-appellant), cross appeals the January 3, 2001 judgment entry denying his motion for summary judgment. For the following reasons, we reverse the decision of the trial court as it pertains to appellant and dismiss the cross appeal of Jon Barber due to its untimely filing.
. In the interests of procedural accuracy, we first address the dismissal of Jon Barber's untimely cross-appeal. On May 22, 2001, the trial court issued an order rendering its January 3, 2001 judgment entry a final appealable order pursuant to Civ.R. 54(B). At that point, appellant proceeded to file her notice of appeal on June 8, 2001. Under App.R. 4(B)(1), Jon Barber then had the choice of filing his cross appeal within ten days of appellant filing her notice of appeal, or the traditional thirty day window created by App.R. 4(A). Pursuant to the foregoing rules, the latest that Jon Barber could have filed his cross-appeal was June 21, 2001, thirty days from the trial court's May 22, 2001 order. The record indicates that Jon Barber filed his cross-appeal with this court on June 22, 2001, one day beyond the required time limit of App.R. 4(A). The time requirements for filing a cross-appeal pursuant to App.R. 4(A) are mandatory and jurisdictional. Kaplysh v. Takieddine (1988), 35 Ohio St. 3d 170. As a result, this court cannot address the merits of Barber's untimely cross-appeal as it lacks jurisdiction under App.R. 4(A). Therefore, the cross-appeal should be dismissed.
. We now proceed to address the issues raised by appellant in her timely appeal.
. Appellant has served as a deputy in the Dog Warden's office of Portage County since 1983. In 1994, the Dog Warden of Portage County was injured and took an extensive leave of absence. While the Portage County Dog Warden was on leave, appellant was appointed Interim Dog Warden for Portage County. Throughout her tenure as interim dog warden, appellant capably performed the duties of dog warden. In 1995, the original warden notified Portage County that she would not be able to return to her position due to her injuries. As a result, the Portage County Commissioners then posted the dog warden position in the local newspaper on February 3, 1995.
. On April 14, 1995, appellees, acting in their capacity as Portage County Commissioners, removed appellant from her position as Interim Dog Warden and placed Jon Barber in the position of Portage County Dog Warden. The record indicates that Jon Barber had no previous experience as a dog warden, but received a larger salary than either of the women who served before him in the same capacity. Once demoted, appellees removed appellant's disability accommodation and required appellant to train the lesser experienced Barber. As a result, appellant proceeded to file sex and age discrimination claims with the Equal Employment Opportunity Commission. On February 9, 1996, the Ohio Civil Rights Commission recommended a probable cause finding against appellees as a result of appellant's claims. On February 13, 1996, appellant was terminated by the county commissioners because of "her inability to physically perform her duties."
. On April 28, 1997, appellant filed a complaint in federal district court against the Portage County Commissioners. Included among appellant's causes of action were claims of Title VII sex discrimination, Equal Pay Act wage discrimination, ADEA age discrimination, and handicap d
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