State v. GibbsState v. Gibbs
James R. Flaiz, Geauga County Prosecutor, and Nicholas A. Burling, Assistant Prosecutor, Courthouse Annex, 231 Main Street, Suite 3A, Chardon, OH 44024 (For Plaintiff-Appellee).
Richard W. Gibbs, pro se, PID: A530-087, London Correctional Institution, P.O. Box 69, 1580 State Route 56, SW, London, OH 43140 (Defendant-Appellant).
CYNTHIA WESTCOTT RICE, P.J.
{¶1} On February 11, 2016, appellant, Richard W. Gibbs filed a notice of appeal indicating that he was appealing a January 28, 2015 trial court entry.
{¶2} On February 16, 2016, appellee, the state of Ohio, filed a motion to dismiss the appeal pursuant to
{¶3} Assuming that appellant is appealing the trial court‘s January 28, 2015 judgment entry as stated on his notice of appeal, appellee is correct that it is untimely by almost a year. In addition, there is already an appeal from the January 28, 2015 entry presently before this court in 11th Dist. Geauga No. 2015-G-0011, which would make this a duplicate appeal.
{¶4} As to appellant‘s assertion that he is actually appealing the trial court‘s failure to rule on his January 19, 2016 motion, there is no new judgment from which appellant could file a notice of appeal. A final judgment is a necessary condition for invoking this court‘s jurisdiction.
{¶5} Based upon the foregoing analysis, it is ordered that appellee‘s motion to dismiss is granted, and this appeal is hereby dismissed as being untimely and as being a duplicate appeal.
{¶6} Appeal dismissed.
TIMOTHY P. CANNON, J.,
COLLEEN MARY O‘TOOLE, J.,
concur.