Legal Opinion

In re GMS Mgt. Co., Inc. v. Unpaid Court Costs, Fees & Delinquencies

Ohio Court of Appeals

Decided May 14, 2010No. 09 MA 169PublishedCited by 2 opinions

1Opinion of the Court

Vukovich, Presiding Judge.

{¶ 1} Plaintiff-appellant, GMS Management Company, Inc., appeals a decision of Judge David D’Apolito of Mahoning County Court No. 4, which found that GMS owes over $3,000 for court costs and ordered the clerk of that court to refuse to accept any new pleadings even if court costs are advanced until all prior delinquent costs and fees have been paid in full. We agree with appellant’s argument that this decision was unconstitutionally entered without notice or an opportunity to be heard and is an unconstitutional denial of access to the courts. For the following…

2Cases cited9 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. State v. IshmailOhio Supreme Court · 1978
  3. State v. HochhauslerOhio Supreme Court · 1996
  4. Mayer v. BristowOhio Supreme Court · 2000
  5. Ohio Ass'n of Public School Employees v. Lakewood City School District Board of EducationOhio Supreme Court · 1994

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3Cited by2 opinions

  1. State ex rel. GMS Mgt. Co., Inc. v. VivoOhio Court of Appeals · 2010
  2. Guardianship of PieperOhio Court of Appeals · 2014

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