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
R. Scott Patterson
  • Family Law Lawyer
  • Zanesville, OH
  • Licensed in Ohio


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