Kimbel v. Clark, Unpublished Decision (12-29-2006)

DECISION AND JOURNAL ENTRY

TXThis cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:

{¶ 1} Appellant, Bernard Clark, appeals from the findings of fact, conclusions of law and judgment entry of the Barberton Municipal Court. We reverse.

I

{¶ 2} As an initial matter, this Court notes that Appellee failed to file an appellate brief in the instant appeal. Therefore, "[pursuant to App. R. 18(C), this Court may accept the Appellant's statement of the facts and issues as presented in Appellant's brief as correct and reverse…