[Cite as Herron v. Bramel, 2018-Ohio-1029.]

STATE OF OHIO, COLUMBIANA COUNTY 

IN THE COURT OF APPEALS 

SEVENTH DISTRICT 

ROBERT HERRON, COLUMBIANA 

COUNTY PROSECUTING ATTORNEY, 

 PLAINTIFF-APPELLEE, 

V. 

CHARLES BRAMEL ET AL., 

 DEFENDANTS-APPELLANTS. 

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CASE NO. 17 CO 0008 

OPINION 

CHARACTER OF PROCEEDINGS: Civil Appeal from Court of Common 

Pleas of Columbiana County, Ohio 

Case No. 2016-CV-183 

JUDGMENT: Affirmed. 

APPEARANCES: 

For Plaintiff-Appellee Attorney Robert Herron 

Attorney Krista Peddicord 

Assistant Prosecutor 

105 South Main Street 

Lisbon, Ohio 44503 

For Defendants-Appellants Attorney Rhys Cartwright-Jones 

42 North Phelps Street 

Youngstown, Ohio 44503 

JUDGES: 

Hon. Gene Donofrio 

Hon. Cheryl L. Waite 

Hon. Carol Ann Robb 

 

 

 Dated: March 15, 2018 
[Cite as Herron v. Bramel, 2018-Ohio-1029.]

DONOFRIO, J. 

{¶1} Defendants-appellants, Charles Brammel (Charles), Laura Brammel 

(Laura), and Chester Channels (Chester) appeal the judgement of the Columbiana 

County Court of Common Pleas’ granting summary judgment in favor of plaintiffappellee, Robert Herron, the Columbiana County Prosecuting Attorney. 

{¶2} In 2014, the Columbiana County Board of Commissions (Board) 

decided to vacate a thirty-foot strip near Moore Road in St. Clair Township (Moore 

Road). On June 25, 2014, Laura and Charles appealed the Board’s decision 

regarding Moore Road by filing an action in the Columbiana County Court of 

Common Pleas. This action was given the case number 2014 CV 325. Summary 

judgment was granted against Laura and Charles in 2014 CV 325 on the basis that 

the trial court lacked subject matter jurisdiction to hear the case. Laura and Charles 

appealed the trial court’s judgment to this Court in case number 2014 CO 0041. 

Appellants dismissed that appeal without explanation. 

{¶3} On September 3, 2014, Chester filed an action challenging the Board’s 

Moore Road decision in the Columbiana County Court of Common Pleas. This action 

was given the case number 2014 CV 459. Case number 2014 CV 459 was also 

dismissed by the trial court for lack of subject matter jurisdiction. 

{¶4} On February 25, 2015, Laura and Charles filed another action 

challenging the Board’s Moore Road decision in the Columbiana County Court of 

Common Pleas. This action was given the case number 2015 CV 101. The trial court 

sua sponte dismissed case number 2015 CV 101 on the basis that it lacked subject 

matter jurisdiction and on res judicata grounds due to case number 2014 CV 325. 

Appellants then filed another appeal with this Court in case number 2015 CO 0009. 

This Court affirmed the trial court’s judgment dismissing 2015 CV 101. 

{¶5} On July 14, 2015, appellants filed another action in the Columbiana 

County Court of Common Pleas challenging the Board’s decision to dismiss their 

“Petition to Establish Moore Road.” This action was given the case number 2015 CV 

346. This action was dismissed by the trial court again for lack of subject matter 

jurisdiction. 
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{¶6} On December 28, 2015, appellants filed another action challenging the 

Board’s decision to dismiss their “Petition to Relocate [Moore] Road” with the 

Columbiana County Court of Common Pleas. This action was given the case number 

2015 CV 668. Appellants voluntarily dismissed this action. 

{¶7} On March 31, 2016, appellee filed a complaint seeking to declare 

appellants as vexatious litigators pursuant to R.C. 2323.52. The basis of the 

complaint is that appellants made numerous filings in the Columbiana County Court 

of Common Pleas concerning the Board’s Moore Road decision which only served 

the purpose to harass or maliciously injure the Board. Appellee filed a motion for 

summary judgment on its vexatious litigator claims which appellants opposed. On 

February 23, 2017, the trial court granted appellee’s motion for summary judgment 

and declared appellants vexatious litigators. Appellants timely filed this appeal on 

March 20, 2017. Appellants now raise one assignment of error. 

{¶8} Appellants’ sole assignment of error states: 

 THE TRIAL COURT ERRED IN DEEMING BRAMEL, ET AL., 

VEXATIOUS LITIGATORS. 

{¶9} Appellants’ argument regarding this assignment of error is twofold. 

First, appellants argue that the reason behind the numerous filings and initiation of 

cases was to correct mistakes that were made in the previous filings. Second, 

because the reason of the numerous filings was to correct the previous filings’ 

mistakes, the policy of declaring parties vexatious litigators is not served by declaring 

appellants vexatious litigators. 

{¶10} An appellate court reviews a trial court’s summary judgment decision de 

novo, applying the same standard used by the trial court. Ohio Govt. Risk Mgt. Plan 

v. Harrison, 115 Ohio St.3d 241, 2007-Ohio-4948, 874 N.E.2d 1155, ¶ 5. A motion for 

summary judgment is properly granted if the court, upon viewing the evidence in a 

light most favorable to the nonmoving party, determines that: (1) there are no 

genuine issues as to any material facts; (2) the movant is entitled to judgment as a 
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matter of law, and (3) the evidence is such that reasonable minds can come to but 

one conclusion and that conclusion is adverse to the opposing party. Civ. R. 56(C); 

Byrd v. Smith, 110 Ohio St. 3d 24, 2006-Ohio-3455, 850 N.E.2d 47, ¶ 10. 

{¶11} Summary judgment is appropriate when there is no genuine issue as to 

any material fact. A “material fact” depends on the substantive law of the claim being 

litigated. Hoyt, Inc. v. Gordon & Assoc., Inc., 104 Ohio App.3d, 598, 603, 662 N.E.2d 

1088 (8th Dist. 1995), citing Anderson v. Liberty Lobby, Inc. 477 U.S. 242, 247-248, 

106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). 

{¶12} R.C. 2323.52 sets forth the requirements for declaring a litigant a 

vexatious litigator. It states, in relevant part: 

(A) As used in this section: 

* * * 

(2) “Vexatious conduct” means conduct of a party in a civil action that 

satisfied any of the following: 

(a) The conduct obviously serves merely to harass or maliciously injure 

another party to the civil action; 

(b) The conduct is not warranted under existing law and cannot be 

supported by a good faith argument for an extension, modification, or 

reversal of existing law; 

(c) The conduct that is imposed solely for delay. 

(3) “Vexatious litigator” means any person who has habitually, 

persistently, and without reasonable grounds engaged in vexatious 

conduct in a civil action or actions, whether in the court of claims or in a 

court of appeals, court of common pleas, municipal court, or county 

court whether the person or another person instituted the civil action or 

actions, and whether the vexatious conduct was against the same party 

or against different parties in the civil action or actions. * * * 

{¶13} Appellants appear to only take issue with the element of “without 
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reasonable grounds” as set forth in R.C. 2323.52(A)(3). Appellants contend that the 

reason behind the numerous filings in the same court, on the same or similar issues, 

and against the same party was done with reasonable grounds in that they were 

merely correcting errors made in previous pleadings. 

{¶14} Analyzing appellee’s motion for summary judgment, numerous exhibits 

were attached to this motion. Exhibits A, C, D, F, and G are judgment entries from 

the trial court dismissing appellants’ previous actions attempting to overturn the 

Board’s Moore Road decision. Exhibits A and D are the judgment entries dismissing 

Charles and Laura’s actions in case numbers 2014-CV-325 and 2015 CV 101 

respectively for lack of subject matter jurisdiction. Exhibit C is the judgment entry 

dismissing Chester’s action in case number 2014 CV 459 for lack of subject matter 

jurisdiction. Exhibits F and G are the judgment entries dismissing appellants’ 

subsequent actions in case numbers 2015 CV 346 and 2015 CV 668 respectively. 

These exhibits show that appellants filed, and the trial court subsequently dismissed, 

a total of five actions: two initiated by Charles and Laura, one initiated by Chester, 

and two initiated by all appellants. All five actions concerned the same subject matter; 

the Board’s Moore Road decision. 

{¶15} Furthermore, exhibit A specifically states that the court lacked subject 

matter jurisdiction to hear appellants’ claims concerning Moore Road. From this 

moment on, Laura and Charles were notified that the trial court did not have subject 

matter jurisdiction over their claim. 

{¶16} Similarly, exhibit B specifically states that the trial court lacked subject 

matter jurisdiction to hear Chester’s claims concerning Moore Road. From this 

moment on, Chester was notified that the trial court did not have subject matter 

jurisdiction over his claim. 

{¶17} Despite appellants having notice that the trial court lacked subject 

matter jurisdiction, Laura and Charles filed another complaint and appellants together 

filed two more complaints concerning the Board’s Moore Road decision. In total, five 

complaints were filed concerning the same action the trial court had no subject matter 
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jurisdiction over. 

{¶18} The subsequent actions in the Columbiana County Court of Common 

Pleas satisfy the definition of vexatious conduct pursuant to R.C. 2323.52(A)(2)(b) in 

that they were not warranted under existing law and cannot be supported by a good 

faith argument for an extension, modification, or reversal of existing law. 

Furthermore, as the Columbiana County Prosecuting Attorney, appellee is the proper 

party to bring a vexatious litigator claim against appellants pursuant to R.C. 

2323.52(B). 

{¶19} With appellee’s burden under Dresher satisfied, it then fell upon 

appellants to satisfy their reciprocal burden of providing evidence or affidavits which 

show that there were still genuine issues of material fact. Appellants’ reply to 

appellee’s motion for summary judgment contains no exhibits or affidavits. The crux 

of appellants’ reply to summary judgment is that the repeated court filings were all 

done with the purpose of correcting deficiencies in the previous documents. 

{¶20} Appellants also argue that there was never any intent to harass or 

maliciously injure the Board because they were merely correcting previous mistakes. 

But R.C. 2323.52(A)(3) has no intent requirement. Moreover, the First District held 

that intent is not a requirement under the vexatious litigator statute. See Borger v. 

McErlane, 1st Dist. No. C-010262, 2001-Ohio-4030 at 5. The person must simply 

habitually, persistently, and without reasonable grounds, engage in vexatious 

conduct. R.C. 2323.52(A)(2). One definition of vexatious conduct is that the actions 

are not warranted under existing law and cannot be supported by a good faith 

argument for an extension, modification, or reversal of existing law. R.C. 

2323.52(A)(2)(b). 

{¶21} Furthermore, if appellants’ repeated filings were for the purpose of 

correcting mistakes, they failed to do so as they were cited more than once by the 

trial court for making the same mistake repeatedly. Namely, they continued to file 

actions with the same court that lacked subject matter jurisdiction. 

{¶22} Addressing appellants’ policy of the vexatious litigator statute argument, 
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appellants cite the Tenth District’s decision in O’Shaughnessy v. Ibanez, 10th Dist. 

Nos. 16AP-639, 16AP-640, 2017-Ohio-662. In O’Shaughnessy, defendant-appellant 

Ibanez was declared a vexatious litigator by the Franklin County Court of Common 

Pleas after she filed numerous petitions for civil stalking protection orders and civil 

sexually oriented offense protection orders against numerous people including 

judges, magistrates, and the clerk of courts personnel. Id. at ¶ 3. Ibanez’s admitted 

that these people never touched her or had any contact with her outside of their 

professional roles. Id. Ibanez then appealed asserting 29 assignments of error. Id. at 

¶ 4. 

{¶23} On review, the Tenth District found that Ibanez filed 17 cases in 2016 

alone. Id. at ¶ 8. As a result of adverse rulings against her, Ibanez then started to file 

her petitions for civil stalking protection orders against judges, magistrates, and the 

clerk of courts personnel. Id. The Tenth District concluded that the trial court’s 

decision to label Ibanez a vexatious litigator was not error because no action 

warranted Ibanez’s multiple petitions. Id. at ¶ 9. The Tenth District continued holding 

that this was not a case of a pro se litigant being confused by the court system but 

rather a deliberate attempt to hurt, harm, or harass people. Id.

{¶24} Appellants rely on O’Shaughnessy as if to show the type of litigant who 

should be declared a vexatious litigator. While Ibanez’s actions in O’Shaughnessy 

were extreme, they do not detract from the fact that appellants filed numerous actions 

with the trial court which were not warranted under existing law and cannot be 

supported by a good faith argument for an extension, modification, or reversal of 

existing law. 

{¶25} Additionally, appellants argue that, if the trial court’s decision were to 

stand, then all persons filing pleadings, including attorneys in their regular legal work, 

risk being deemed vexatious litigators. This argument does not have merit as R.C. 

2323.52(A)(3) states that a vexatious litigator does not include a person authorized to 

practice law in Ohio unless that person is “representing or has represented self pro 

se in the civil action or actions.” 
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{¶26} In conclusion, Charles and Laura’s three subsequent actions and 

Chester’s two subsequent actions were sufficient to satisfy the vexatious litigator 

statute pursuant to R.C. 2323.52(A)(2)(b) in that they were not warranted under 

existing law and cannot be supported by a good faith argument for an extension, 

modification, or reversal of existing law. 

{¶27} Accordingly, appellants’ sole assignment of error lacks merit and is 

overruled. 

{¶28} For the reasons stated above, the trial court’s judgment is hereby 

affirmed. 

Waite, J., Concurs 

Robb, P., J., Concurs