Greater Dayton Premier Mgt. v. Bryant

[Cite as Greater Dayton Premier Mgt. v. Bryant, 2026-Ohio-3464.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY GREATER DAYTON PREMIER : MANAGEMENT : C.A. No. 30798 : Appellee : Trial Court Case No. 2026 CV 00964 : v. : (Civil Appeal from Common Pleas : Court) TAYLOR BRYANT : : FINAL JUDGMENT ENTRY & Appellant : OPINION ........... Pursuant to the opinion of this court rendered on September 4, 2026, the judgment of the trial court is affirmed. Costs to be paid as stated in App.R. 24. Pursuant to Ohio App.R. 30(A), the clerk of the court of appeals shall immediately send a copy of the court’s ruling to each party and note that action on the docket. Additionally, pursuant to App.R. 27, the clerk of the court of appeals shall send a certified copy of this judgment, which constitutes a mandate, to the clerk of the trial court and note the service on the appellate docket. For the court, CHRISTOPHER B. EPLEY, JUDGE LEWIS, P.J., and TUCKER, J., concur.  OPINION MONTGOMERY C.A. No. 30798 TAYLOR BRYANT, Appellant, Pro Se CHRISTOPHER C. GREEN, Attorney for Appellee EPLEY, J. {¶ 1} Taylor Bryant appeals from the judgment of the Montgomery County Court of Common Pleas that granted Greater Dayton Premier Management’s complaint for eviction. Bryant alleges she was not served with the complaint. For the following reasons, we affirm the trial court’s judgment. I. Procedural History {¶ 2} On February 18, 2026, Greater Dayton Premier Management (“GDPM”) filed a complaint for eviction requesting restitution of the premises and money damages for unpaid rent, arrearages and damages. Attached to the complaint was a copy of the lease agreement between the parties, a notice of termination, a landlord affidavit, a copy of HUD 5380 notice, and a copy of HUD 5382 notice. Service of process was issued to Bryant on February 19, 2026, at the address on the complaint by regular mail. {¶ 3} Bryant failed to appear at the March 3, 2026 restitution hearing before a magistrate. On March 10, 2026, restitution of the premises was granted to GDPM by the trial court’s judgment entry adopting the magistrate’s decision. The next day, GDPM filed a notice of dismissal of the second claim for relief. Bryant filed a timely notice of appeal. II. Analysis {¶ 4} Bryant’s brief does not comply with App.R. 16, and she does not include a transcript of the proceedings. Importantly, she did not state an assignment of error for this court to review. The brief also contains attachments, which this court cannot consider 2 because they were not part of the record before the trial court. McManus v. Foster, 2026- Ohio-671, ¶ 14 (2d Dist.) (“In reviewing the trial court’s judgment, we are limited to the record before the trial court.”). Her chief complaint seems to be that she was not served with the complaint for she “would have never missed a court date.” {¶ 5} A properly drafted and filed brief includes: (1) A table of contents, with page references. (2) A table of cases alphabetically arranged, statutes, and other authorities cited, with references to the pages of the brief where cited. (3) A statement of the assignments of error presented for review, with reference to the place in the record where each error is reflected. (4) A statement of the issues presented for review, with references to the assignments of error to which each issue relates. (5) A statement of the case briefly describing the nature of the case, the course of proceedings, and the disposition in the court below. (6) A statement of facts relevant to the assignments of error presented for review, with appropriate references to the record in accordance with division (D) of this rule. (7) An argument containing the contentions of the appellant with respect to each assignment of error presented for review and the reasons in support of the contentions, with citations to the authorities, statutes, and parts of the record on which appellant relies. The argument may be preceded by a summary. (8) A conclusion briefly stating the precise relief sought. App.R. 16(A). 3  {¶ 6} “Compliance with [App.R. 16] is mandatory.” State v. Obermeyer, 2024-Ohio 4508, ¶ 13 (2d Dist.). “This rule reflects the principle that an appellant bears the burden of affirmatively demonstrating error on appeal.” State v. Roper, 2023-Ohio-1738, ¶ 11 (9th Dist.), citing In re J.S., 2016-Ohio-5120, ¶ 12 (9th Dist.). “Pursuant to App.R. 12(A)(2), we are not required to address issues that are not argued separately as assignments of error, as required by App.R. 16(A).” Id., citing Kremer v. Cox, 114 Ohio App.3d 41, 60 (9th Dist. 1996). {¶ 7} Pursuant to App.R. 9(A)(1), the record on appeal consists of the following: “The original papers and exhibits thereto filed in the trial court, the transcript of proceedings, if any, including exhibits, and a certified copy of the docket and journal entries prepared by the clerk of the trial court.” App.R. 9(B)(1) states that it is the appellant’s duty to order the transcript, and App.R. 9(B)(6)(a) through (j) explain in detail what constitutes a transcript for the purpose of an appeal. Absent a transcript, we presume regularity in the proceedings below. Albritton v. White, 2011-Ohio-3499, ¶ 15 (2d Dist.). {¶ 8} Without assignments of error or a transcript for us to review, Bryant’s presumed argument must and does fail. The record before us indicates Bryant was served with process and failed to appear at the restitution hearing. III. Conclusion {¶ 9} The judgment of the trial court is affirmed. ............. LEWIS, P.J., and TUCKER, J., concur. 4