2013 Ohio 3515
Ohio Ct. App.2013Background
- Lovett was stopped July 19, 2012 for marijuana; backseat passenger had marijuana and was arrested for trafficking.
- Lovett’s Jeep and $1,560 were seized; he was indicted September 7, 2012 for trafficking in marijuana with forfeiture specs on the vehicle and cash.
- December 7, 2012, indictment amended to possession of marijuana; Lovett pled guilty to amended charge; forfeiture specs were dismissed.
- Sentencing entry December 12, 2012 ordered Jeep returned upon payment of tow yard storage fees; this order was part of sentencing.
- Lovett sought release of the vehicle from fees on December 13, 2012; trial court denied January 4, 2013; Lovett appealed January 31, 2013.
- Appeal dismissed for lack of jurisdiction due to untimely filing under App.R. 4; the court treated the December 12, 2012 sentencing entry as final and unappealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely, giving jurisdiction to review the decision. | Lovett | Lovett | Untimely; no jurisdiction to reach merits. |
Key Cases Cited
- State v. Myers, 9th Dist. Wayne No. 08CA0041, 2009-Ohio-2082 (2009) (untimely appeal lacks jurisdiction)
- Metro. Bank & Trust Co. v. Roth, 9th Dist. Summit No. 21174, 2003-Ohio-1138 (2003) (untimely appeal requires dismissal)
- State v. Ford, 9th Dist. Summit No. 26466, 2012-Ohio-5050 (2012) (trial court cannot reconsider a final criminal judgment)
- State ex rel. Hansen v. Reed, 63 Ohio St.3d 597, 599 (1992) (1992) (no authority to reconsider final judgment)
- Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378, 379 (1981) (1981) (motions for reconsideration of final judgments are nullities)