Opinion
CASE NO. 2012-L-005
05-21-2012
IN THE MATTER OF KATHARINA SETZER
Robert S. Leach, 29339 Euclid Avenue, Wickliffe, OH 44092 (For Appellee, Irmgard Heckelmann). Robert Setzer, pro se, 10625 Clay Street, Montville, OH 44064 (Appellant). Irmgard Victor, pro se, 5980 Marine Parkway, Mentor On The Lake, OH 44060 (Appellant).
MEMORANDUM OPINION
Civil Appeal from the Lake County Court of Common Pleas, Probate Division, Case No. 06 GU 0178.
Judgment: Appeal dismissed.
Robert S. Leach, 29339 Euclid Avenue, Wickliffe, OH 44092 (For Appellee, Irmgard Heckelmann).
Robert Setzer, pro se, 10625 Clay Street, Montville, OH 44064 (Appellant).
Irmgard Victor, pro se, 5980 Marine Parkway, Mentor On The Lake, OH 44060 (Appellant).
THOMAS R. WRIGHT, J.
{¶1} Appellants, Robert Setzer and Irmgard Victor, son and daughter of Katharina Setzer ("the deceased"), appeal from a judgment of the Lake County Court of Common Pleas, Probate Division, denying their motion for relief from judgment. The court found no excusable neglect or newly discovered evidence; determined that many of the issues were not within its jurisdiction; and indicated that the ward was deceased and the guardianship had terminated.
{¶2} Appellee, Irmgard Heckelmann, guardian of the deceased, filed a motion to dismiss with this court asserting that appellants have no standing to appeal the trial court's judgment. Appellants filed a pro se brief in opposition.
{¶3} The Ohio Supreme Court has held that pursuant to R.C. Chapter 2111, "[a] person who has not filed an application to be appointed guardian, or who otherwise has not been made a party to the guardianship proceedings, has no standing to appeal." In re Santrucek, 120 Ohio St.3d 67, 2008-Ohio-4915, syllabus.
{¶4} In this case, appellants neither filed an application to be appointed guardians nor were otherwise made parties to the proceedings. Thus, appellants have no standing to appeal. In re Santrucek, supra, at syllabus.
{¶5} For the foregoing reasons, appellee's motion to dismiss is granted. This appeal is dismissed for lack of jurisdiction. See, Gray v. Kingsville Towing, 11th Dist. No. 2008-A-0057, 2008-Ohio-6056, ¶12.
{¶6} Appeal dismissed. TIMOTHY P. CANNON, P.J., CYNTHIA WESTCOTT RICE, J., concur.