Clermont Cty. Transp. Improvement Dist. v. Gator Milford, L.L.C. (Slip Opinion), 26 N.E.3d 806

Gator Milford, L.L.C. won a jury judgment in an appropriation action; later filed a motion for attorney fees that the trial court denied in a November 27, 2012 entry.
The November 27 entry lacked a Civ.R. 58(B) directive to the clerk to serve the judgment; instead a bailiff-stamped note said copies were sent by fax/email/mail.
The clerk did not record service on the appearance docket until the trial court expressly ordered the clerk to do so on January 30, 2013.
Gator filed a notice of appeal on February 4, 2013; appellee moved to dismiss as untimely because the 30-day appeal period had, in its view, begun on November 27.
The Twelfth District dismissed the appeal, but certified a conflict with the Tenth District’s decision in Whitehall; the Supreme Court accepted the certified conflict.
The Supreme Court held actual knowledge by a party is not a substitute for clerk service under Civ.R. 58(B), overruled State ex rel. Hughes v. Celeste, and reinstated Gator’s appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether actual knowledge of a final judgment can start the 30-day appeal period instead of clerk service under Civ.R. 58(B)	Gator: actual receipt/knowledge of the judgment should trigger the appeal clock	Clermont Cty. TID: App.R.4 and Civ.R.58(B) require clerk service and docket notation to start the 30-day period	Actual knowledge is insufficient; the 30-day period begins only upon clerk service and notation on the docket (Hughes overruled)

State ex rel. Hughes v. Celeste, 67 Ohio St.3d 429 (1993) (previously held appeal period could begin with actual delivery; overruled)
Whitehall ex rel. Fennessy v. Bambi Motel, Inc., 131 Ohio App.3d 734 (10th Dist. 1998) (actual receipt insufficient; appeal period begins when clerk serves and notes service)
Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216 (2003) (discussion of stare decisis principles)