failure of Appellant to comply with Appellate Rule 9 may be waived by Appellee (11 13 12)

Appellate Rule 9 states that it is the obligation of the Appellant to make sure that all the necessary proceedings for appeal are transcribed. The rule also states that the transcriber shall certify the transcript as correct. A Geauga County Appellant failed to meet their obligations regarding the transcript. A disc labeled "Exhibit 1" was transmitted from the trial court, but the Court of Appeals could not get it to play. The Court of Appeals disregarded the disc. A partial transcript was attached to the Appellant’s Brief, but it was not certified as correct and there was no indication who transcribed it. The Court of Appeals for the Eleventh District stated that "there was a total lack of compliance with App.R. 9." Nevertheless, the Appellee stated in their brief that "the partial transcript of proceedings attached to Appellant’s brief includes all of the testimony necessary to decide the Assignment of Error and Issue Presented for Review." The Court of Appeals took that as a waiver by the Appellee of any defects in the transcript. The Court went on to decide the appeal in Appellant’s favor. State v. Lisac, 2012-Ohio-5224.

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