State ex rel. Manuel v. Stenson

2010 Ohio 2673, 126 Ohio St. 3d 52

Opinion

Per Curiam.

{¶ 1} We dismiss the appeal of appellant, Michael Manuel, because although he challenges the court of appeals’ November 10, 2009 judgment denying his petition for a writ of mandamus, he failed to file a timely appeal from that judgment. S.CtJPrac.R. 2.2(A)(1). His amended motion for rehearing, whether construed as a motion for reconsideration or a Civ.R. 60(B) motion for relief from judgment, did not extend his time to appeal the judgment. State ex rel. Martin v. Ohio Adult Parole Auth., 124 Ohio St.3d 63, 2009-Ohio-6164, 918 N.E.2d 1005, ¶ 1. Manuel cannot use Civ.R. 60(B) as a substitute for a timely appeal. Id.

Appeal dismissed.

Brown, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.