In re Jackson

2024 Ohio 1525

• Court: Ohio Court of Appeals
• Decided: April 22, 2024
• Docket: 2024-T-0026
• Status: Published

Opinion

[Cite as In re Jackson, 2024-Ohio-1525.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY

IN THE MATTER OF: CASE NO. 2024-T-0026

THE GUARDIANSHIP OF MCCALTER JACKSON, JR. Civil Appeal from the Court of Common Pleas, Probate Division

Trial Court No. 2013 GDP 0084

MEMORANDUM OPINION

Decided: April 22, 2024 Judgment: Appeal dismissed

Christopher R. Patrick, Roth, Blair, Roberts, Strasfeld & Lodge, 100 East Federal Street, Suite 600, Youngstown, OH 44503 (For Appellant).

Charles A.J. Strader, Attorney Charles Strader, LLC, 175 Franklin Street, S.E., Warren, OH 44481 (For Appellee, Stephanie J. Moss-Jackson).

Joshua M. Garris, 1371 Church Street, Mineral Ridge, OH 44440 (Appellee).

ROBERT J. PATTON, J.

{¶1} On March 15, 2024, appellant, Brenda Kimble, through counsel, filed an

appeal from a February 12, 2024 judgment entry.

{¶2} App.R. 3(A) expressly states that the only jurisdictional requirement for filing

a valid appeal is to file it within the time allowed by App.R. 4. The Supreme Court has

held that the failure to comply with the time requirements of App.R. 4(A) is a jurisdictional defect, which is fatal to an appeal. In re H.F., 120 Ohio St.3d 499, 2008-Ohio-6810, ¶ 17,

citing State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988).

{¶3} “Subject to the provisions of App.R. 4(A)(3), a party who wishes to appeal

from an order that is final upon its entry shall file the notice of appeal required by App.R.

3 within 30 days of that entry.” See App.R. 4(A)(1). Civ.R. 58(B) directs the clerk of

courts to serve the parties with notice of the entry within three days of entering the

judgment upon the journal. If Civ.R. 58(B) service does not occur within three days, the

time to appeal does not begin to run until service is made and noted in the appearance

docket. Coles v. Lawyers Title Ins. Corp., 163 Ohio App.3d 659, 664, 2005-Ohio-5360.

{¶4} Here, the trial court issued its entry on February 12, 2024. The clerk of

courts noted on the appearance docket that notice of the entry under Civ.R. 58(B) was

issued to the parties on that same date. Therefore, pursuant Civ.R. 58(B), the time to

appeal began to run from February 12, 2024. The deadline for appellant to file her notice

of appeal was March 13, 2024, which was not a holiday or a weekend. Thus, appellant’s

notice of appeal was untimely filed by 2 days.

{¶5} This court is not empowered to extend the time deadline in civil cases.

Pendell, supra at 60; see also App.R. 14(B).

{¶6} Based upon the foregoing, this appeal is dismissed, sua sponte, as untimely

pursuant to App.R. 4(A)(1).

MARY JANE TRAPP, J.,

MATT LYNCH, J.,

concur.

Case No. 2024-T-0026