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Cite as Jones v. Smith, 2010-Ohio-4461. IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT LAWRENCE COUNTY IN THE MATTER OF: : : DEREK R. JONES, : Case No. 10CA4 : Petitioner-Appellee, : :

Smith appeals from a judgment of the Court of Appeals of Ohio enjoining her from operating a business which serves minors. Smith is a public employee in the State of Ohio. She had previously operated a business referred to as Girls Night Out (formerly known as “Girls Gone Out”). In the course of her business, she allowed minor girls to perform for customers. On April 1, 2006, a district court entered a temporary restraining order enjoining her from operating Girls Night Out. The same court, pursuant to that order, filed an enforcement complaint, seeking an injunction restraining Smith from violating state and federal law in furtherance of her business. The district court issued an award of attorney's fees. Smith appealed that award. On appeal, the state and federal appellate courts have agreed that the district court's award of attorney's fees is affirmed. The issues to be considered by the appellate courts are whether the district court properly conducted its inquiry pursuant to the notice-and-wait requirements of R.C. 2967, and whether the award of attorney's fees was proper per se. Based on her analysis, Smith contends that the district court erred in considering a number of matters that were not properly before it, and in denying her motions, motions for reconsideration, and relief pending appeal. In each challenge, Smith seeks to reverse the award of attorney's fees and to require the granting of a new trial as a matter of right. This court, however, will consider only the issues raised on appeal. Smith begins her argument by arguing that her appellate challenge is untimely because it relates to a matter that was considered by the district court after it had issued its decree. She argues not only that the appeals court did not properly consider the merits of her original appeal, but that the district court's findings of fact and conclusions of law were erroneous on their face. I agree that this issue should be considered by the appeals court. Specifically, I agree with Smith that the district court did not properly conduct its inquiry, because it failed to address the record before it in any meaningful way, and in part by its failure to refer to the record. Moreover, Smith argued that this court should reconsider its earlier rulings that had dismissed the case as moot, or that Smith did not adequately present her arguments that the district court erred in dismissing the case before it had addressed a substantial portion of them. As to the latter point, Smith raises a number of points, arguing, inter alia, as follows.

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