Hawkins v. Marion Correctional Institute

The propriety of the court of appeals’ sua sponte dismissal of appellant’s appeal is now before this court. We must also determine whether the court of appeals abused its discretion in overruling appellant’s motion for reconsideration and the motion for leave of court to file its brief instanter.

In truth, this case should not now be before us. Even assuming arguendo that appellant filed its brief one day late, if the court of appeals had followed the fundamental tenet of judicial review in Ohio that courts should decide cases on the merits, it would have properly exercised its discretion and…