64 Ohio App. 2d 87 | Ohio Ct. App. | 1979
Calhoun (appellant) was initially allowed unemployment compensation. After state appeal the Board of Review1 denied her claim. The latter decision was dated and mailed to appellant October 26, 1976.2 On November 24, 1976, she filed a notice of appeal in the Court of Common Pleas and claims she mailed the notice to the Board of Review and to the administrator (appellee) on the same day. Appellant concedes that the envelope containing the notice of appeal mailed appellee was postmarked November 27, 1976, thirty-two days after decision. Thus, receipt could have been no earlier.
Appellee moved to dismiss the appeal which appellant attempted to lodge in the Court of Common Pleas. That Court granted the motion on March 2, 1977. Appellant moved for relief from judgment approximately one year later on February 21, 1978. Treating the motion as one for reconsideration, Common Pleas Court granted the motion. Upon reconsideration the dismissal was reinstated. Calhoun claimed *88 the dismissal was error and filed a notice of appeal in this court. Her single assignment of error is set out in the margin.3
A motion for reconsideration does not toll the time for appeal. Therefore, the appeal was far out of rule. Ordinarily an out of rule appeal would simply result in a dismissal. However, the filing requisites at issue in this case are of sufficient importance to deserve explication — hence this opinion.
The mail deposit of the notice of appeal in the present case did not satisfy the filing requirements.6 *89
Judgment affirmed.
CORRIGAN, C. J., and PRYATEL, J., concur.
"The Court of Common Pleas erred in reinstating dismissal of appellant's appeal from the Bureau of Employment Services after having granted reconsideration by improperly interpreting O.R.C. Section
"* * * appeal shall be taken within * * * thirty days by the appellant by filing a notice of appeal with the clerk of the court of common pleas, with the board, and upon all appellees by registered mail to their last known post office address."
"* * *
"(B) When Appeal, Request, or Application is Deemed to be Filed.
"An appeal, or application to institute further appeal, or other request, or application, shall be deemed to be filed with the Board on the date of receipt, where delivered to the Board or to any of the agencies or employees designated in