An Ohio state appeals court has sided with the Ohio High School Athletic Association (OHSAA), which sought to appeal a trial court’s grant of a mother’s motion for a preliminary injunction, finding the trial court’s decision was “final” and appealable.
The case centered on the transfer of Leroy Alexander from Springfield High School in Holland, Ohio to Whitmer High School in March 2011.
Both schools are members of the OHSAA, which governs whether Alexander can participate in sports at Whitmer.
Specifically, Bylaw 4-7-2 states that if a student transfers, the student will be ineligible to participate in sports for one year from the date of enrollment in the school to which the student transferred. An exception to this bylaw is made if the parents have made a “bona fide” legal change of residence from one public school district to another public school district and can present the required documentation.
Leroy’s mother provided the necessary documents on March 31, 2011. However, on April 11, 2011, based on its belief that the mother’s affidavit contained false information, the association ruled that Leroy was ineligible to participate in sports at Whitmer for one year. Leroy’s mother appealed the decision, but the association denied her appeal.
On August 8, 2011, she filed a complaint in the Lucas County Court of Common Pleas (Ohio) against the association and the board, alleging that Leroy is a third party beneficiary of the contract between the association and the board, that the contract has been breached, and asking for, inter alia, a preliminary and a permanent injunction against the association’s enforcement of its decision.
The trial court granted the preliminary injunction, sparking the appeal from the association. The board filed a motion to dismiss the appeal, stating that the preliminary injunction is not a final appealable order.
The court first examined the association’s argument that it will be denied an effective remedy if it must wait to appeal. “In essence,” wrote the court, “the association argues that if it cannot appeal now, its entire case against Alexander will be moot. We agree. The association seeks to have its by-laws enforced in this dispute. Once Alexander graduates the issue will be moot.”
It added “that prior precedents that held that such an order was not final were based on the law before it was amended.”
Teresa Alexander et al. v. Ohio High School Athletic Association, et al.,; Ct. App. Ohio, 6th App. Dist.; Court of Appeals No. L-11-1233, 2012 Ohio 1867; 2012 Ohio App. LEXIS 1637; 4/23/12
Attorneys of Record: (for appellant) Martin E. Mohler and Deborah K. Rump. (for appellee) Jennifer A. Flint.
