Narrative Opinion Summary
The court is addressing an appeal from the Court of Appeals for Summit County in the case Summit App. No. 23660, 2008-Ohio-38. The city of Cleveland submitted an amicus curiae brief in support of the appellees on September 17, 2008, which was after the deadline of September 16, 2008, as specified by S.Ct. Prac.R. VI(6)(B). Due to this violation of the filing timeline outlined in S.Ct. Prac.R. XIY(1)(D), the court has decided to strike the brief submitted by the city of Cleveland, acting on its own authority (sua sponte).
Legal Issues Addressed
Amicus Curiae Brief Filing Deadlinesubscribe to see similar legal issues
Application: The court enforced the filing deadline for amicus curiae briefs as specified by the court rules, striking a late submission.
Reasoning: The city of Cleveland submitted an amicus curiae brief in support of the appellees on September 17, 2008, which was after the deadline of September 16, 2008, as specified by S.Ct. Prac.R. VI(6)(B).
Court's Authority to Strike Late Filingssubscribe to see similar legal issues
Application: The court exercised its authority to sua sponte strike a brief for non-compliance with procedural rules.
Reasoning: Due to this violation of the filing timeline outlined in S.Ct. Prac.R. XIY(1)(D), the court has decided to strike the brief submitted by the city of Cleveland, acting on its own authority (sua sponte).