In re R.N.W.

2024 Ohio 1009

• Court: Ohio Court of Appeals
• Decided: March 18, 2024
• Docket: 2023-L-115
• Status: Published

Opinion

[Cite as In re R.N.W., 2024-Ohio-1009.]

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

IN THE MATTER OF: CASE NO. 2023-L-115

R.N.W. Civil Appeal from the Court of Common Pleas, Juvenile Division

Trial Court No. 2018 CV 01104

MEMORANDUM OPINION

Decided: March 18, 2024 Judgment: Appeal dismissed

Marrio Woods, pro se, 8210 Macedonia Commons Boulevard, Suite 3B, Macedonia, OH 44056 (Appellant).

Michelle Colegrove, pro se, 2208 Buena Vista Drive, Wickliffe, OH 44092 (Appellee).

JOHN J. EKLUND, J.

{¶1} On December 6, 2023, appellant, Marrio Woods, filed a pro se appeal from

a September 12, 2019 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 September 12, 2019. 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 September 12, 2019. The deadline for appellant to file his

notice of appeal was October 15, 2019, which was not a holiday or a weekend. Thus,

appellant’s notice of appeal was untimely filed by over 4 years.

{¶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.,

ROBERT J. PATTON, J.,

concur.

Case No. 2023-L-115