Ohio App. R. 12

As amended through March 13, 2024

Rule 12 - Determination and Judgment on Appeal

(A) Determination.

(1) On an undismissed appeal from a trial court, a court of appeals shall do all of the following:

(a) Review and affirm, modify, or reverse the judgment or final order appealed;

(b) Determine the appeal on its merits on the assignments of error set forth in the briefs under App. R. 16, the record on appeal under App. R. 9, and, unless waived, the oral argument under App. R. 21;

(c) Unless an assignment of error is made moot by a ruling on another assignment of error, decide each assignment of error and give reasons in writing for its decision.

(2) The court may disregard an assignment of error presented for review if the party raising it fails to identify in the record the error on which the assignment of error is based or fails to argue the assignment separately in the brief, as required under App. R. 16(A).

(B) Judgment as a matter of law. When the court of appeals determines that the trial court committed no error prejudicial to the appellant in any of the particulars assigned and argued in appellant's brief and that the appellee is entitled to have the judgment or final order of the trial court affirmed as a matter of law, the court of appeals shall enter judgment accordingly. When the court of appeals determines that the trial court committed error prejudicial to the appellant and that the appellant is entitled to have judgment or final order rendered in his favor as a matter of law, the court of appeals shall reverse the judgment or final order of the trial court and render the judgment or final order that the trial court should have rendered, or remand the cause to the court with instructions to render such judgment or final order. In all other cases where the court of appeals determines that the judgment or final order of the trial court should be modified as a matter of law it shall enter its judgment accordingly.

(C) Judgment in civil action or proceeding when sole prejudicial error found is that judgment of trial court is against the manifest weight of the evidence.

(1) In any civil action or proceeding that was tried to the trial court without the intervention of a jury, and when upon appeal a majority of the judges hearing the appeal find that the judgment or final order rendered by the trial court is against the manifest weight of the evidence and have not found any other prejudicial error of the trial court in any of the particulars assigned and argued in the appellant's brief, and have not found that the appellee is entitled to judgment or final order as a matter of law, the court of appeals shall reverse the judgment or final order of the trial court and either weigh the evidence in the record and render the judgment or final order that the trial court should have rendered on that evidence or remand the case to the trial court for further proceedings.

(2) In any civil action or proceeding that was tried to a jury, and when upon appeal all three judges hearing the appeal find that the judgment or final order rendered by the trial court on the jury's verdict is against the manifest weight of the evidence and have not found any other prejudicial error of the trial court in any of the particulars assigned and argued in the appellant's brief, and have not found that the appellee is entitled to judgment or final order as a matter of law, the court of appeals shall reverse the judgment or final order of the trial court and remand the case to the trial court for further proceedings.

(D) All other cases. In all other cases where the court of appeals finds error prejudicial to the appellant, the judgment or final order of the trial court shall be reversed and the cause shall be remanded to the trial court for further proceedings.

Ohio. App. R. 12

Effective:7/1/1971; amended effective 7/1/1973;7/1/1992;7/1/2015.

Staff Note (July 1, 2015 amendment)

App. R. 12(C) is amended to avoid the implication of the former rule that a reversal on the manifest weight of the evidence was not available in civil cases tried to a jury. See Eastley v. Volkman, 4th Dist. Scioto Nos. 09CA 3308, 09C A3309, 2010-Ohio-4771, ¶ 58 (Kline, J., dissenting), citing Painter & Pollis, Ohio Appellate Practice, Section 7:19 (2009-2010 Ed.), rev'd, 132 Ohio St.3d 328, 2012-Ohio-2179, 972 N.E.2d 517. The amendment clarifies that a manifest-weight reversal is available in civil cases tried to a jury, but there are distinctions. In a civil case tried to a court without a jury, a majority of the appellate court may reverse, and it may either remand the case for a new trial or enter judgment for the appellee. By contrast, in a case tried to a jury, a reversal on the manifest weight of the evidence must be unanimous, see Ohio Constitution, Article IV, Section 3(B)(3), and the trial court is permitted to reverse and remand, not to enter judgment for the appellee. See Hanna v. Wagner, 39 Ohio St.2d 64, 313 N.E.2d 842 (1974). In addition, the amendments remove the restriction in the current rule allowing an appellate court to reverse a judgment based on the manifest weight of the evidence only once in either instance.