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Pr1gtnal in the SUPREME COURT of OHIO

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Pr1gtnal in the SUPREME COURT of OHIO pR1GtNAL IN THE SUPREME COURT OF OHIO In The Matter of: Case No. 2010-0180 C.B. On Appeal From The Cuyahoga County Court of Appeals Dependent Child Eighth Appellate District Court of Appeals Case No. 92775 APPENDIX TO MERIT BRIEF OF APPELLEE FATHER ANTHONY WYLIE Anthony M. Wylie (pro se) George Coghill, Esq. (#0033778) 2720 Wooster Rd. Apt. 4 10211 Lakeshore Boulevard Rocky River, Ohio 44116 Cleveland, Ohio 44144 216-408-9386 (Telephone) 216-451-2323 (Telephone) 216-398-8103 (Fax) 216-451-5252 (Fax) E-mail: anthonybaybluereflections(^a yahoo.com E-mail: georgecoehillna,aol.com APPELLEE FATHER OF C.B. GUARDIAN AD LITEM FOR FATHER Jonathan N. Garver, Esq. (#0031009)(C.R.). R. Brian Moriarty, Esq. (#0064128) (C.R.) The Brownhoist Building 1370 Ontario Street, Suite 2000 4403 St. C1air Avenue Cleveland, Ohio 44113 Cleveland, Ohio 44103 216-566-8228 (Telephone) 216-391-1112 (Telephone) 216-623-7314(Fax) 216-881-3928(Fax) E-mail: bmoriarly(^a,marketal.com E-mail: jgarver100na,aol.com COUNSEL FOR APPELLANT, C.B. COUNSEL FOR APPELLANT Thomas Kozel, Guardian Ad Litem Carla L. Golubovic, Esq. (#0061954) P.O. Box 29127 Betty Farley, Esq. (#0039651)(C.R.) Parma, Ohio 44129 1801 East 12th Street, Suite 211 216-310-5441 (Telephone) Cleveland, Ohio 44114 440 842-2122(Fax) 216-621-1922 (Telephone) E-mail:cgolubovicnaol.corn 216-621-1918(Fax) GUARDIAN AD LITEM FOR MOTHER E-mail: bofdsgsbcglobal.net COUNSEL FOR APPELLEE MOTHER William D. Mason, Esq. (0037540) Cuyahoga County Prosecuting Attorney By: Greg Millas (#0066769) (C.R.) James Price (#0073356) Cuyahoga County D and Family Services F O L FE', ^ Noy! 0 12L0^110 CLERK OF COURT SUPREME COURT OF ®HIO 8111 Quincy Avenue Cleveland, Ohio 44104 216- 391-6093 (Telephone) 216-391-6134 (Fax) E-mail: [email protected] COUNSEL FOR C.C.D.C.F.S. IN THE SUPREME COURT OF OHIO In The Matter Of: C.B. On Appeal from the Cuyahoga County Court of Appeals, Eighth Appellate District Court of Appeals Case No. 92775 JOINT NOTICE OF APPEAL OF APPELLANT GUARDIAN AD LITEM THOMAS KOZEL AND APPELLANT C.B. Williani D. Mason, Esq. George Coghill (#0033778) Cuyaboga County Prosecuting Attoktiey 10211 Lakeshore Boulevard By: Greg Millas (#0066769) Cleveland, OH 44108 Jarnes Price (#0073356)(C.R.) (216) 451-2323 Assistant Prosecuting Attorney (216) 451-5252 (fax) Cuyahoga County Department of Children E-inail: [email protected] and Family Services GUARDIAN AD LITEM FOR FATHER 4261 Fulton Parkway Cleveland, OH 44144 Carla Golubovic (40061954) (216) 635-3802 P.O. Box 29127 (216) 635-3881 (fax) Patina, OH 44129 E-mail: [email protected] (216) 310-5441 COUNSEL FOR APPELLANT CCDCFS (440) 842-2122 (fax) E-mail: [email protected] Betty Farley (#0039651)(C.R.) GUARDIAN AD LITEM FOR MOTIiER 1801 East 12"' Street, Suite 211 Cleveland, OH 44114 R. Brian Moriarty (#0064128)(C.R.) (216) 621-1922 1370 Ontario St., Suite 2000 (216) 621-1918 (fax) Cleveland, OH 44113 E-inail: [email protected] (216) 566-8228 ATTORNEY FOR MOTI-IER. (216) 623-7314 (fax) E-mail: [email protected] ATTORNEY FOR CHILD dAN ? CLERK 01" COURT ELPTt'T^ CQi.#fri -oF (^f uo Dale M. Hartman (#0039354)(C.R.) Thomas Kozel (#0040889) 2195 South Green Road P.O. Box 534 IJniversity Iieights, OH 44121 North Olmsted, OH 44070 (216) 291-1554 (440) 937-4416 E-mail: [email protected] (440) 937-4417 (fax) AT"TORNEY FOR FA'THER E-mail: [email protected] GUARDIAN AD LITEM FOR CHILD 2 Joint Notice of Appeal of Appellant Guardian ad litem ThomasKozel And Appellant C.B. Appellant Guardian ad liteni Thomas K.ozel and Appellant C.B. hereby give notice of appeal to the Supreme Court of Ohio from the judgntent of the Cuyalzoga County Court of Appeals, Eighth Appellate District, filed in the Court of Appeals Case No. 92775 on December 16, 2009 (which is attached and marked Exhibit A). This case is one of public or great general interest, and involves whether or not a Guardian ad litem cari appeal the trial court's decision to deny the agency's permanent custody motion and wliether a cliild can appeal the trial court's ruling when the child is placed in the legal custody of her father when the Guardian ad litenl strongly believes that neither decision is in the child's best interests. This case is distinguishable from In re: .4dams, 115 Ohio St.3d 86, 2007-Ohio-4840, Syllabus, which was relied upon by the Court of Appeals for its dismissal of the child's appeal and does not involve an agency's appeal of the denial of pernianent custody. Respeetfully bmitted, L..- `, 'fhoin'as Kozel (#0040889) R. Brian Morial4.y_00064128) P.O. Box 524 1370 Ontario St., #2000 Noith Ohnsted, OH 44070 Cleveland, OH 44113 (440) 937-4916 (216) 566-8228 (440) 937-4417 (fax) (216) 623-7314 (fax) E-mail: [email protected] Email: [email protected] Guardian ad litein for Caroline Bartok Attorney for Child CERTIFICATE OF SFRVICE A copy of the foregoing Joint Notice of Appeal of Ap,Pellant'Cuardian ad litem Thomas Kozel and Appellant C.B. was sent via ordinary U.S. mail to, James Price, Assistant Prosecutor, 8111 Quincy Ave., Rm 341, Cleveland, OH 44104, Greg Millas, Assistant Prosecutor, 8111 Quincy Ave., Rm 341, Clevelarid, OH 44104, Dale M. Hartnran, Attorney for Father, 12195 South Cireen Rd., University Heights, OH 44121, Carla Golubovic, Guardian ad litem for Mother, P.O. Box 29127, Parma, OH. 44129, Betty Farley, Attorney for Mother, 1801 E. 12" St., Ste. 211, Cleveland, OH 44114, and George Coghill, dian ad litem for Father, 10211 Lake Shore Blvd., Bratenahal, OH 44108 on this ^^day of January, 2010. Thonfas Kozel R. Brian Moriarty Case Informafion http://cpdocket.cp.cuyahogaeounty.us/p_C V-All.aspx?isprint--Y m Case Number: CA-09-092775 Case Title: IN RE: C.B. vs. Case Summary Case Number: CA-09-092775 Case Title: IN RE: C.B. vs. Case Designation: WA Filing Date: 02/06/2009 Judge: N/A Magistrate: N/A Room: WA Next Action: N/A File Location: PEND.FILE Last Status: ACTIVE Last Status Date: 02/06/2009 Last Disposition: APPEALED TO OHIO SUPREME COURT Last Disposition Date: 02/08/2010 Prayer Amount: $.00 Servlce Party Role Name Service Date Response Date E(1) C.C.D.C.F.S. WA E(2) / GUARDIAN AD LITEM FOR CHILD WA E(3) ANTHONY WYLIE WA A(1) MARY B. N/A Case Parties APPELLEE (1) C.C.D.C.F.S. ATTORNEYYVONNE C BILLINGSLEY (0008809) C.C.D.C.F.S. 3955 EUCLID AVE., RM. 305E CLEVELAND, OH 44115-0000 Ph: 216-432-3324 Answer Filed: WA APPELLEE (2) / GUARDIAN AD LITEM FOR CHILD ATTORNEYR. BRIAN MORIARTY (0064128) 2000 STANDARD BLDG. 1370 ONTARIO STREET CLEVELAND, OH 44113-0000 Ph: 216-566-8228 Answer Filed: N/A APPELLEE (3) ANTHONY WYLIE ATTORNEY DALE M HARTMAN (0039354) 2195 SOUTH GREEN ROAD CLEVELAND, OH 44121-0000 Ph: 216-291-1554 Answer Filed: N/A APPELLANT(1) MARY B. ATTORNEYBETTY C FARLEY (0039851) 8175 EAST NORTHSHORE BLVD. 17316 DORCHESTER DR APT.. #9 CLEVELAND, OH44119-0000 LAKESIDE MARBLEHEAD, OH 43440-0000 Ph: 216-621-1922 Answer Filed: N/A Docket Information DOCKET INFORMATION Date Side Type Description Image 07/29/2010 WA JE MOTION TO APPOINT LEGAL COUNSEL FOR APPELLEE, C.B. FOR APPEAL TO THE OHIO SUPREME COURT IS GRANTED. ATTORNEY R. BRIAN MORIARTY IS APPOINTED TO REPRESENT, APPELLEE, C.B. VOL. 709 PG. 562. NOTICE ISSUED. 07/28/2010 WA MO MOTION BY ATTORNEY R. BRIAN MORIARTY TO APPOINT LEGAL COUNSEL FOR C.B. FOR APPEAL TO THE OHIO SUPREME COURT 07/27/2010 A7 SF CERTIFIED MAIL RECEIPT NO: 7008 0500 0000 8499 1788 RETURNED BY U.S. POSTAL DEPT.07-12-2010.MAIL RECEIVED BY ADDRESSEE SUPREME COURT OF OHIO OFFICE OF THE CLERK. POSTAGEAMOUNT $28.41 07/07/2010 A1 SF COPIES MAILED TO COUNSEL FOR ALL PARTIES. COSTS TAXED. 07/07/2010 A7 EV RECORD SENT TO THE OHIO SUPREME COURT. 1 of 5 10/30/2010 1:45 AM cp.cuyahogacounty.us/p_CV_All.aspx?isprint--Y Case Inforn a.tion http://cpdocket. 06/28/2010 WA JE SUPREME COURT OF OHIO SUPREME COURT NO. 2010-0180. ORDER TO CERTIFY RECORD TO THE SUPREME COURT OF OHIO GRANTED. VOL. 706 PG. 938. NOTICE ISSUED. 06128/2010 N/A JE OHIO SUPREME COURT CASE NO. 2010-0180. UPON CONSIDERATION OF THE JURISDICITIONAL MEMORANDA FILED IN THIS CASE, THE COURT ACCEPTS THE APPEAL. THE CLERK SHALL ISSUE AN ORDER FOR THE TRANSMITTAL OF THE RECORD FROM THE COURT OF APPEALS FOR CUYAHOGA COUNTY, AND THE PARTIES SHALL BRIEF THIS CASE IN ACCORDANCE WITH THE RULES OF PRACTICE OF THE SUPREME COURT OF OHIO. VOL. 706 PG. 937. NOTICE ISSUED. 02/12/2010 WA JE MOTION BY APPELLEE, ANiHONY WYLIE TO APPOINT COUNSEL TO THE OHIO SUPREME COURT IS GRANTED. ATTORNEY TIMOTHY STERKEL IS APPOINTED TO REPRESENT APPELLEE, ANTHONY WYLIE IN THE OHIO SUPREME COURT. VOL. 698 PG. 976. NOTICE ISSUED. 02/09/2010 WA MO APPELLEES' FATHER ANTHONY WYLIE'S MOTION TO APPOINT LEGAL COUNSEL FOR THE FATHER TO THE OHIO SUPREME COURT FOR PURPOSES OF APPEAIJDEFENDING THE JUDGMENT OF THIS APPELLATE COURT 02/08/2010 WA JE MOTION BY APPELLANTS COUNSEL, R. BRIAN MORIARTY, FOR EXTRAORDINARY FEES IS GRANTED. ATTORNEY R. BRIAN MORIARTY SH4LL BE PAID THE TOTAL SUM OF $1,860.00 FOR WORK ON THIS APPEAL. VOL. 698 PG. 436. NOTICE ISSUED. 02/08/2010 WA JE APPLICATION BY APPELLANT'S COUNSEL FOR ASSIGNED COUNSEL FEES FILED BY R. BRIAN MORIARTY IS GRANTED IN THE AMOUNT OF $1,860.00.
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