2014 Ohio 283
Ohio Ct. App.2014Background
- Ohio appellate case: James Hines appeals a Mahoning County tax certificate foreclosure judgment.
- Judgment entered March 22, 2013 ordering repayment of amounts under $100 plus interest and costs, with sheriff's sale if not redeemed within three days.
- Appellant filed notice of appeal on April 25, 2013, after asserting service/entry issues.
- Appellant argued timely appeal due to clerk's failure to serve/enter within three days and mailing-based timing.
- Appellate analysis applied Civ.R. 58(B), Civ.R. 5(B), App.R. 4(A), App.R. 14(A), Civ.R. 6(A) to compute deadlines.
- Court dismissed the appeal as untimely; costs taxed against appellant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the appeal timely under App.R. 4(A) and Civ.R. 58(B)? | D’Atri argues timely due to clerk's service/entry within three days | Hines contends notice was untimely despite service | Untimely; appeal dismissed for lack of timely notice of appeal. |
Key Cases Cited
- Harvey v. Hwana, 103 Ohio St.3d 16 (2004-Ohio-4112) (three-day mailing rule does not apply to all time periods)
- State ex rel. Tyler v. Alexander, 52 Ohio St.3d 84 (1990) (timeliness of appellate filing is jurisdictional; cannot be enlarged)