Eyajan v. Eyajan
2017 Ohio 155
| Ohio Ct. App. | 2017Background
- Beverly Eyajan filed a petition for a domestic-violence civil protection order against Sheila Eyajan on April 25, 2016; a protection order issued and Sheila objected.
- The trial court overruled Sheila’s objections and entered judgment granting the protection order on November 17, 2016.
- The clerk noted service (mailing copies to the parties) on the appearance docket on November 21, 2016.
- Under Civ.R. 58(B) and App.R. 4(A)(3), the 30-day appeal period in a civil case begins when the clerk completes service if service occurs more than three days after journalizing the entry.
- Because service was noted on November 21, 2016, the 30-day appeal window expired December 21, 2016; Sheila filed her notice of appeal on December 22, 2016 — one day late.
- The court dismissed the appeal sua sponte for lack of jurisdiction because the notice of appeal was untimely and the court lacked authority to extend the App.R. 4(A)(1) deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sheila’s appeal from the Nov. 17, 2016 judgment was timely under App.R. 4(A) and Civ.R. 58(B) | Eyajan (petitioner) argued the appeal was untimely because service was noted 11/21/16 and the 30-day clock ran from that date, expiring 12/21/16 | Sheila implicitly contended her notice (filed 12/22/16) was timely or otherwise should be heard | Court held the notice filed 12/22/16 was untimely; appeal dismissed for lack of jurisdiction under App.R. 4(A)(1) |
| Whether the appellate court may extend the App.R. 4(A) filing deadline in a civil case | Eyajan argued the court cannot extend the deadline; timely filing is jurisdictional | Sheila had no viable basis to request an extension under Ohio law | Court reaffirmed it lacks power to extend the civil appeal deadline (Pendell); dismissal proper |
Key Cases Cited
- In re H.F., 120 Ohio St.3d 499 (holding that failure to comply with App.R. 4(A) is a jurisdictional defect)
- State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58 (explaining appellate courts cannot extend the time to file civil appeals)
- Coles v. Lawyers Title Ins. Corp., 163 Ohio App.3d 659 (explaining Civ.R. 58(B) service rule and when the appeal period begins)