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Bryant v. Columbus Metro. Area Community Action Org.8/22/1996
BOWMAN, Judge.
Both parties in this case filed separate appeals from a decision of the Franklin County Court of Common Pleas which ruled upon numerous motions. The cases were consolidated in this court for purposes of record filing, briefing and oral argument.
This case, which has an unnecessarily lengthy and convoluted history, arises from an action filed by plaintiff, William Enyart ("Enyart"), in September 1989, against his employer, defendant, Columbus Metropolitan Area Community Action Organization ("CMACAO"), alleging several causes of action. One of these causes of action was for wrongful discharge pursuant to R.C. 4123.90. Enyart alleged he was fired because he had filed a claim with the Ohio Bureau of Workers' Compensation for injuries he sustained as a result of an on-the-job accident. Enyart later filed an amended complaint which included the claims of his spouse ("Enyarts").
The case was referred to arbitration pursuant to Loc.R. 103 of the Court of Common Pleas of Franklin County, General Division. The trial court ruled that CMACAO was prohibited from calling witnesses at the arbitration hearing as a discovery sanction. The arbitration panel unanimously ruled in the Enyarts' favor and awarded $23,622.06. CMACAO filed a notice of appeal to the court of common pleas but failed to attach a certificate of service. The Enyarts filed a motion to dismiss the appeal, which was granted by the trial court. CMACAO then filed a Civ.R. 60(B) motion for relief from judgment, which was granted. The trial court fled a nunc pro tunc entry, journalizing the decision to gransCMACAO's Civ.R. 60(B) motion. The Enyarts appealed. That appeal was dismissed for failure to file a brief. (Case No. 93APE10-1423.) The trial court then granted summary judgment in CMACAO's favor, and the Enyarts again appealed to this court.
In the Enyarts' second appeal, this court reversed the trial court and affirmed the arbitration award on the basis that CMACAO's summary judgment motion was not properly before the trial court, since the arbitrators' award had not been properly appealed because no certificate of service was included in the appeal and the Enyarts had not received it. See Enyart v. Columbus Metro. Area Community Action Org. (Sept. 6, 1994), Franklin App. No. 93APE12-1658, unreported, 1994 WL 485753 ("Enyart I"). In Enyart I, this court ordered the trial court to enter judgment for the Enyarts in the amount of $23,522.06 and to conduct hearings on the Enyarts' motions for attorney fees and sanctions, which had not been ruled upon by the trial court. CMACAO filed a notice of appeal, but the Supreme Court of Ohio declined jurisdiction. See Enyart v. Columbus Metro. Area Community Action Org. (1994), 70 Ohio St.3d 1414, 637 N.E.2d 11, and Enyart v. Columbus Metro. Area Community Action Org. (1995), 71 Ohio St.3d 1456, 644 N.E.2d 1028.
On June 6, 1995, the trial court entered judgment for the Enyarts but stayed that judgment and proceeded to entertain a Civ.R. 60(B) motion filed by CMACAO. The trial court also consolidated Enyart I with a separate case filed by CMACAO alleging that Enyart fraudulently received benefits under the workers' compensation system fraudulently filed for unemployment benefits, Aid to Dependent Children, and Medicare and Medicaid benefits. (Franklin County Court of Common Pleas case No. 93CVD02-1298.) The Enyarts appealed the consolidation of these two cases in Columbus Metro. Community Action Org. v. Enyart (July 13, 1995), Franklin App. No. 94APE12-1802, unreported, 1995 WL 422648 ("Enyart II"). Although this appeal was dismissed for lack of a final, appealable order, this court in dicta did remind the trial court that ju
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