Cleveland, OH asked in Appeals / Appellate Law, Civil Litigation, Family Law and Adoption for Ohio

Q: Dismissed Ohio Untimely Notice of Appeal- Attorney filed for reconsideration-blamed postal service.

Question: Will the Appellate Court grant this ridiculous Motion for Reconsideration?

Background: Notice of Appeal was two (2) days late. Appellants attorney mailed it on a Friday thinking it would be fine and stamped by the Clerk on Monday. It was delivered on Wednesday. Appellate Court dismissed the appeal as untimely, and granted our motion to dismiss the appeal as well. Appellant filed a Motion for Reconsideration, blaming the postal service. We filed a Brief in Opposition citing App. R. 4 (A) (1). Failure to file within 30 days is jurisdictional defect and fatal to any appeal. Furthermore, it is not filed when it is mailed, but when the Clerk receives and stamps. Appellant is not raising a new issue, except for blaming the postal service. Most notably attorney for appellant could have E-filed and/or hand delivered the filing in person on the Monday, or sent another member of the firm or courier. Jurisdiction was never perfected, therefore there is no "consideration".

1 Lawyer Answer

R. Scott Patterson

Answered
  • Family Law Lawyer
  • Zanesville, OH
  • Licensed in Ohio

A: IS THIS A QUESTION?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.