Stewart v. Gillie
2017 Ohio 4088
Ohio Ct. App.2017Background
- In 1988 a three-judge panel convicted Darin T. Stewart of murder and attempted murder; those convictions and a later postconviction-relief denial were previously affirmed on appeal.
- In 2015 Stewart (pro se) sued for declaratory relief, seeking a declaration that his convictions and sentences were void (arguing, apparently, they were lesser-included offenses of the grand jury indictments).
- Defendants were Judge William T. Gillie (sentencing judge on the panel) and Michael Miller (Franklin County prosecutor at the time); they moved for summary judgment arguing res judicata and merits defenses.
- The trial court entered summary judgment for defendants on November 7, 2016 and directed the clerk to serve the entry.
- The clerk noted service within the three-day Civ.R. 58(B) window; Stewart filed his notice of appeal on December 15, 2016 — 38 days after the judgment entry.
- The appellate court dismissed the appeal for lack of jurisdiction because Stewart’s notice of appeal was untimely under App.R. 4(A)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stewart’s appeal was timely under App.R. 4(A) | Stewart filed a notice of appeal and challenged the summary-judgment ruling | Defendants argued the notice of appeal was untimely because the clerk completed service within three days and the 30-day appeal period therefore began on entry date | Appeal dismissed for lack of jurisdiction because notice of appeal was filed 38 days after the final judgment entry |
Key Cases Cited
- State ex rel. Sautter v. Grey, 117 Ohio St.3d 465 (2008) (explains when the appellate clock begins to run in civil cases where clerk service affects the timeline)
- In re Anderson, 92 Ohio St.3d 63 (2001) (addresses timing of appeal periods and effect of clerk service)
- In re H.F., 120 Ohio St.3d 499 (2008) (failure to comply with App.R. 4(A) is a jurisdictional defect)