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In re Estate of Andolsek
2017 Ohio 893
| Ohio Ct. App. | 2017
|
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*1 [Cite as In re Estate of Andolsek , 2017-Ohio-893.]

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO ESTATE OF: PAUL P. ANDOLSEK, : MEMORANDUM OPINION DECEASED

:

CASE NO. 2017-L-011 Civil Appeal from the Court of Common Pleas, Probate Division, Case No. 14 ES 0117. Judgment: Appeal dismissed.

Yolanda Andolsek , pro se, 29236 Eddy Road, Willoughby Hills, OH 44092 (Appellant). Russell J. Meraglio , Reminger Co., L.P.A., 101 West Prospect Avenue, Suite 1400, Cleveland, OH 44115-1093 and Clifford C. Masch , Reminger & Reminger Co., L.P.A. 1400 Midland Building, 101 Prospect Avenue, West, Cleveland, OH 44115-1093 (For Appellee).

THOMAS R. WRIGHT, J.

{¶1} Appellant, Yolanda Andolsek, appeals the trial court’s denial of her motion to reconsider its order overruling her motion to remove the estate administrator. Appellee moves for dismissal and appellant opposes.

{¶2} An entry granting or denying a motion to remove an executor of an estate is a final appealable order. R.C. 2505.02(B)(4). In re Estate of Geanangel , 147 Ohio App.3d 131, 137 (2002). A motion for reconsideration of a final appealable order is a *2 nullity. Consequently, judgments ruling on motions for reconsideration are a nullity and cannot be appealed. Pitts v. Ohio Dept. of Transp. , 67 Ohio St.2d 378, 381 (1981); see also , Kuss v. Clements , 11th Dist. No. 2012-P-0023, 2012-Ohio-1678, at ¶ 4.

{¶3} Accordingly, appellee’s motion is granted. Appeal dismissed. CYNTHIA WESTCOTT RICE, P.J.,

DIANE V. GRENDELL, J.,

concur.

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Case Details

Case Name: In re Estate of Andolsek
Court Name: Ohio Court of Appeals
Date Published: Mar 13, 2017
Citation: 2017 Ohio 893
Docket Number: 2017-L-011
Court Abbreviation: Ohio Ct. App.
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