In Re Mitchell

Ohio Court of Appeals

In Re Mitchell

637 N.E.2d 989, 93 Ohio App. 3d 153, 1994 Ohio App. LEXIS 350

CourtOhio Court of Appeals

DecidedFebruary 14, 1994

DocketNos. 64754 64755.

StatusPublished

Cited by12 cases

This text of 637 N.E.2d 989 (In Re Mitchell) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Mitchell, 637 N.E.2d 989, 93 Ohio App. 3d 153, 1994 Ohio App. LEXIS 350 (Ohio Ct. App. 1994).

Pincite

Opinion

James D. Sweeney, Judge.

This case is dismissed sua sponte for lack of a final appealable order as required by Civ.R. 54(B). The journal entry of November 30, 1992, which purports to be the final order, does not bear the signature of the trial judge.

This court will not accept a rubber stamp in lieu of a judge’s signature. Civ.R. 58(A) clearly mandates that once a decision has been announced, the court shall cause the judgment to be prepared and sign the judgment. 1 As the judgment entry was not signed by the trial court, it is not a final appealable order, and is invalid for appellate purposes. See Brackmann Communications, Inc. v. Ritter (1987), 38 Ohio App.3d 107, 526 N.E.2d 823; William Cherry Trust v. Hofmann (1985), 22 Ohio App.3d 100, 22 OBR 288, 489 N.E.2d 832; see, also, State ex rel. Indus. Comm. v. Day (1940), 136 Ohio St. 477, 17 O.O. 86, 26 N.E.2d 1014; State v. Ginocchio (1987), 38 Ohio App.3d 105, 526 N.E.2d 1366.

For the foregoing reason, this case is dismissed. The parties may move to reinstate this action within thirty days of obtaining a final appealable order.

Appeal dismissed.

Nugent and Dyke, JJ., concur.

1

. The Civil Rules are applicable to the juvenile court pursuant to the introduction to the rules given by the juvenile court in the Local Rules of the Court of Common Pleas of Cuyahoga County, Juvenile Division.

Free access — add to your briefcase to read the full text and ask questions with AI

James D. Sweeney, Judge.

This case is dismissed sua sponte for lack of a final appealable order as required by Civ.R. 54(B). The journal entry of November 30, 1992, which purports to be the final order, does not bear the signature of the trial judge.

This court will not accept a rubber stamp in lieu of a judge’s signature. Civ.R. 58(A) clearly mandates that once a decision has been announced, the court shall cause the judgment to be prepared and sign the judgment. 1 As the judgment entry was not signed by the trial court, it is not a final appealable order, and is invalid for appellate purposes. See Brackmann Communications, Inc. v. Ritter (1987), 38 Ohio App.3d 107, 526 N.E.2d 823; William Cherry Trust v. Hofmann (1985), 22 Ohio App.3d 100, 22 OBR 288, 489 N.E.2d 832; see, also, State ex rel. Indus. Comm. v. Day (1940), 136 Ohio St. 477, 17 O.O. 86, 26 N.E.2d 1014; State v. Ginocchio (1987), 38 Ohio App.3d 105, 526 N.E.2d 1366.

For the foregoing reason, this case is dismissed. The parties may move to reinstate this action within thirty days of obtaining a final appealable order.

Appeal dismissed.

Nugent and Dyke, JJ., concur.

1

. The Civil Rules are applicable to the juvenile court pursuant to the introduction to the rules given by the juvenile court in the Local Rules of the Court of Common Pleas of Cuyahoga County, Juvenile Division.

Cite This Page — Counsel Stack

Bluebook (online)

637 N.E.2d 989, 93 Ohio App. 3d 153, 1994 Ohio App. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mitchell-ohioctapp-1994.

Opinion

Related

Cite This Page — Counsel Stack