COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68625 ROBERT T. RODGERS : ACCELERATED DOCKET : Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION ROCKY RIVER CIVIL SERVICE : COMMISSION, ET AL. : PER CURIAM : Defendants-appellees : : : : DATE OF ANNOUNCEMENT : OF DECISION : OCT. 12, 1995 CHARACTER OF PROCEEDING : Civil appeal from Court of Common Pleas : Case No. 283019 JUDGMENT : Affirmed. DATE OF JOURNALIZATION : APPEARANCES: FOR PLAINTIFF-APPELLANT: FOR DEFENDANTS-APPELLEES: Regis E. McGann, Esq. David J. Matty, Esq. 450 The Standard Bldg. Director of Law 1370 Ontario Street City of Rocky River, Ohio Cleveland, Ohio 44113 c/o Rademaker, Matty, McClelland & Greve 55 Public Square, #1775 Cleveland, Ohio 44113 -2- PER CURIAM: In this accelerated appeal, appellant, Robert T. Rodgers, appeals from the trial court's judgment entry dismissing this action. On May 23, 1994, the Rocky River Civil Service Commission, defendant-appellee, was notified of an impending vacancy at the rank of captain in the Rocky River Fire Division. A promotion exam was held on September 22, 1994 since an eligibility list did not exist at the time. Appellant, a lieutenant, was eligible and took the examination. On October 25, 1994, the grades from the promotion exam were posted. The highest grade of 94.3 was received by Lieutenant Winar. The appellant received the second highest grade of 94. The defendant, the Rocky River Civil Service Commission, certified that Lieutenant Winar ranked first on the eligibility list for the rank of captain. On November 14, 1994, Mayor Don Umerley, defendant swore in Lieutenant Winar as Captain. Appellant requested a hearing before the Commission defendant on November 14, 1994. In a second letter dated November 25, 1994, appellant repeated his request for a hearing. On December 12, 1994, the Commission held a hearing. On December 15, 1994, the Commission announced its decision with respect to the appointment of Lieutenant Winar. On January 9, 1995, appellant filed an action entitled "Appeal from Decision of Administrative Agency, Complaint for Injunctive Relief and Motion for Restraining Order" with the Cuyahoga Court of -3- Common Pleas. On January 11, 1995, David J. Matty, Law Director of the city of Rocky River, received a hand delivered copy of the pleading. Appellant did not file a notice of appeal with the Commission. The Commission filed a motion to dismiss appellant's complaint since no notice of appeal had been filed by appellant with appellee. On January 23, 1995, a hearing was held before Judge Anthony Calabrese to address the appellee's Motion to Dismiss. Appellant filed his response on February 2, 1995. On February 6, 1995, the court granted appellee's Motion to Dismiss. Appellant filed his Notice of Appeal of the decision granting appellee's Motion to Dismiss with the Cuyahoga Court of Common Pleas on February 28, 1995. Appellant timely appeals. I. In this accelerated appeal, appellant has two assignments of error: I. THE TRIAL COURT ABUSED ITS DISCRETION IN DISMISSING THE WITHIN ACTION WHEN THE CITY'S LAW DIRECTOR WAS PROPERLY SERVED WITH THE APPEAL OF THE ADMINISTRATIVE DECISION AND WHEN HIS ACTIONS IN FURTHERANCE CONSTITUTE A WAIVER OF SERVICE. II. IT WAS ERROR TO DISMISS THE WITHIN LITIGATION WITH PREJUDICE WHEN THE ACTION IN THE TRIAL COURT INCLUDED MULTIPLE CAUSES THAT REMAIN UNRESOLVED. In appellant's first assignment of error, appellant claims that the trial court erred when it determined the appellees had not been properly served. We disagree. -4- "The term `abuse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable." Blakemore v. Blakemore (1983), 5 Ohio St. 3d 217. R.C. 2506.01 establishes the jurisdic- tional forum when a party appeals from a political subdivision or agency. Patrick v. Media Group, Inc. v. Cleveland Board of Zoning Appeals (1988), 55 Ohio App.3d 124, 125. Pursuant to R.C. 2505.04, an appeal is perfected when certain requirements are met. See, Richards v. Industrial Commission (1955), 163 Ohio St. 439. Appeals must meet the time requirements set forth in R.C. 2505.07. See, Holmes v. Union Gospel Press (1980), 64 Ohio St. 2d 187. In the instant case, appellant failed to perfect his appeal according to R.C. 2505.04. Consequently, the trial court lacked jurisdiction to hear the appeal. Accordingly, appellant's assignment of error is overruled. In appellant's next assignment of error, appellant maintains that the trial court should not have dismissed the pending litigation. However, we disagree. The trial court did not err in dismissing the litigation with prejudice, because appellant is precluded by law from receiving injunctive relief or damages. An injunction is an extraordinary remedy, equitable in nature. Perkins v. Village of Quaker City (1956), 165 Ohio St. 120. An injunction will be denied where there is an adequate remedy at law. Haig v. Ohio State Board of Education (1992), 62 Ohio St.3d 507, 510. R.C.2506.01 authorizes an appeal from "[e]very final order *** of any *** board, bureau, commission *** or other division of any -5- political subdivision of the state ***." The right of appeal provided by R.C. 2506, is an adequate remedy at law. State ex. rel. Sibarco Corp. v. City of Berea (1966) 7 Ohio St.2d 85; Fox v. City of Lakewood (1992), 84 Ohio App.3d 202. Appellant, in the instant case, had an adequate remedy provided by law, pursuant to R.C. 2506.01. Therefore, the trial court did not err in determining that he should not be granted an injunction. Appellant is not entitled to compensatory or punitive damages since he did not receive an appointment to the rank of captain. State ex rel. Gibbon v. City of Cleveland (1984), 9 Ohio St.3d 216. Moreover, appellant is precluded from receiving punitive damages against a political subdivision pursuant to R.C. 2744.05. Accordingly, appellant's assignment of error is overruled. Judgment affirmed. -6- It is ordered that appellees recover of appellant his costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Cuyahoga County Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JOHN T. PATTON, CHIEF JUSTICE SARA J. HARPER, JUDGE JAMES M. PORTER, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, at which .