Helms v. Gains , 2015 Ohio 4000 ( 2015 )

[Cite as Helms v. Gains, 2015-Ohio-4000.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
JOEL HELMS C.A. No. 27616
Appellant
v. APPEAL FROM JUDGMENT
ENTERED IN THE
BRANDON GAINS, et al. AKRON MUNICIPAL COURT
COUNTY OF SUMMIT, OHIO
Appellee CASE No. 2014 CVG 6345
DECISION AND JOURNAL ENTRY
Dated: September 30, 2015
CARR, Judge.
{¶1} Appellant, Joel Helms, appeals the judgment of the Akron Municipal Court. This
Court affirms.
I.
{¶2} On August 11, 2014, Helms filed a forcible entry and detainer action in the Akron
Municipal Court against numerous defendants. The complaint also contained additional claims
in which Helms sought monetary damages in excess of $36,000. The matter proceeded to an
eviction hearing before a magistrate. On September 4, 2014, the magistrate issued a decision
concluding that Helms had failed to provide his tenants with a 30-day notice of his intent to evict
them. The trial court adopted the magistrate’s decision the same day. The trial court
subsequently issued an order transferring the remaining claims to the Summit County Court of
Common Pleas.
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{¶3} Helms appealed the trial court’s judgment entry denying him possession of the
premises. Now before this Court, Helms raises one assignment of error.
II.
ASSIGNMENT OF ERROR I
THE LAW, [R.C.] 1923.04 REFERENCES ONLY 3-DAY REQUIREMENT
FOR A CHALLENGE OF POSSESSION RIGHTS.
{¶4} In his sole assignment of error, Helms argues that the trial court erred in
concluding that he was required to give his tenants a 30-day notice of his intent to terminate their
tenancy. The amount of notice required to lawfully terminate a tenancy is dependent upon the
type of tenancy at issue. See, e.g., Admr. of Veterans Affairs v. Jackson, 41 Ohio App.3d 274,
278 (9th Dist.1987). On September 4, 2014, Helms appeared before the magistrate for an
eviction hearing where he presented evidence regarding the nature of the tenancies in this case as
well as the termination notice he gave to the tenants. It is the responsibility of the appellant to
ensure that a transcript of proceedings is included in the appellate record. App.R. 10(A). The
transcript from the hearing before the magistrate has not been included in the appellate record.
When the record is incomplete, this Court must presume regularity in the trial court’s
proceedings and affirm its decision. AVB Properties, L.L.C. v. Chesler, 9th Dist. Lorain No.
05CA008702, 2006-Ohio-4306, ¶ 8, citing Knapp v. Edwards Laboratories, 61 Ohio St.3d 197,
199 (1980). Helms’ assignment of error is overruled.
III.
{¶5} Helms’ assignment of error is overruled. The judgment of the Akron Municipal
Court is affirmed.
Judgment affirmed.
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There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Akron Municipal
Court, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
DONNA J. CARR
FOR THE COURT
SCHAFER, J.
CONCURS.
HENSAL, P. J.
CONCURRING IN JUDGMENT ONLY.
{¶6} I agree that the judgment must be affirmed because Mr. Helms has not met his
burden on appeal. See In re Hiltabidel, 9th Dist. Summit No. 21009, 2002-Ohio-3627, ¶ 58 (“An
appellant bears the burden of affirmatively demonstrating error on appeal.”).
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APPEARANCES:
JOEL HELMS, pro so, Appellant.