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Terry Posey

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Terry is an Ohio State Bar Association certified appellate specialist and a former Ohio Supreme Court clerk. He represents clients in all aspects of complex litigation, with a particular emphasis on the appellate aspects of those disputes. He has successfully argued in all 12 Ohio appellate districts and the Ohio Supreme Court.

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Discretionary appeals at the Ohio Supreme Court are under strict timing requirements pursuant to Supreme Court Rules of Practice 7.01(A). Absent an application for reconsideration or a motion for en banc review in the lower court, a notice of appeal and a memorandum in support of jurisdiction must be filed within 45 days of the judgment being appealed. Under Rule 7.02(E), the Clerk of the Supreme Court is under instructions not to file an untimely notice of appeal (or one being filed without a memorandum in support of jurisdiction). There is no way to get an extension on the timing (absent certain circumstances in criminal cases).

But what if you need an extension on the response? Maybe you are going on vacation, have a pressing work conflict, or just need additional time to research.Continue Reading Doing the impossible: How to get an extension to file a memorandum in response to a memorandum in support of jurisdiction at the Ohio Supreme Court

Yet another reminder: The mandatory nature of the Ohio Supreme Court’s Rules of Practice  

In Ohio state-court litigation, most timing deadlines are not automatic and can be “finessed” if need be (aside from the mandatory 30-day time period to file a notice of appeal).

The Ohio Supreme Court, however, treats most of the timing rules in the Ohio Supreme Court Rules of Practice as dispositive of the issue presented.Continue Reading Understanding the Ohio Supreme Court timing requirements

We’ve had conversations with judges, but for this installment, I will be discussing appellate strategy with Michael Hendershot, Deputy Solicitor General at the Ohio Solicitor General’s Office. Michael has served as a law clerk for on the Fifth Circuit Court of Appeals, a law clerk for an Ohio Supreme Court Justice, an attorney in private practice, and since 2008, with the Solicitor General’s office, where he has briefed and argued more than 30 appeals at the Ohio Supreme Court.Continue Reading Thinking about appellate strategy with Michael Hendershot, Ohio Solicitor General’s Office

We’ve written before about the heartfelt pain appellate lawyers experience when a case is dismissed after briefing and oral argument at the Ohio Supreme Court. In the first instance, it happened for a lack of a final appealable order. In the second, the court ultimately decided the case had already been mooted. It turns out there’s a third possibility — a jurisdictional defect.
Continue Reading A pain worse than losing (Part 3): A jurisdictional defect

At Ohio Appellate Insights, we are happy to announce that Porter Wright has “acquired” the long-running and well-regarded blog, Legally Speaking Ohio. Legally Speaking Ohio was run by University of Cincinnati Professor Emerita (and former First District Court of Appeals Judge) Marianna Brown Bettman, who is retiring this summer. Professor Bettman announced the transition here.
Continue Reading Appellate mergers and acquisitions (and retirements): The Legally Speaking Ohio legacy

In our last post, we discussed the pain of a dismissal after briefing and oral argument when the court determines the underlying judgment lacks a final appealable order. Less than three weeks later, the Supreme Court demonstrates another painful resolution — dismissing the appeal as moot and limiting the lower court’s decision as precedent only to the parties “inter se.”
Continue Reading A pain worse than losing (Part 2): Appeal dismissed as moot

On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013.
Continue Reading A pain worse than losing: Dismissal for lack of a final appealable order

For a variety of reasons, legal clients frequently prefer to use their out-of-state counsel for matters litigated before the Ohio Supreme Court or other Ohio tribunals. For these attorneys seeking to appear in Ohio courts and affiliated local counsel, the end of the calendar year – and the beginning of the next one – can come with harsh reminders about the timely need to renew pro hac vice registrations.
Continue Reading Pro hac vice pro tip: Ohio Supreme Court requires annual renewal