Opinion
No. F-11-001.
Decided: June 15, 2011.
Trial Court No. 92CR000118.
Daniel L. Rittner, Sr., pro se.
DECISION AND JUDGMENT
{¶ 1} Appellant, Daniel L. Rittner, has filed a motion to reverse the December 23, 2010 judgment of the trial court. Rittner filed an appeal from that judgment on January 5, 2011. Appellant filed his brief on April 11, 2011. Appellee has not filed a brief or an extension of time to file a brief Appellee's brief was due May 4, 2011.
{¶ 2} Rittner asks us to reverse the trial court judgment, pursuant to App. R. 18(C), because appellee has not responded to his brief. That rule states:
{¶ 3} "* * * If an appellee fails to file the appellee's brief within the time provided by this rule, or within the time as extended, the appellee will not be heard at oral argument except by permission of the court upon a showing of good cause submitted in writing prior to argument; and in determining the appeal, the court may accept the appellant's statement of the facts and issues as correct and reverse the judgment if appellant's brief reasonably appears to sustain such action."
{¶ 4} The rule does not require reversal of a trial court judgment as a sanction for appellee's failure to file a brief. It only allows the appellate court to accept appellant's version of the facts and to reverse the trial court's judgment if appellant's brief "reasonably appears to sustain" a reversal.
{¶ 5} Thus, the fact that appellee has not filed a brief in this appeal will be taken into consideration when the court decides this appeal on its merits.
{¶ 6} The motion is denied.