State ex rel. McKinney v. Defiance County Court of Common Pleas

Ohio Supreme Court

State ex rel. McKinney v. Defiance County Court of Common Pleas

898 N.E.2d 47, 120 Ohio St. 3d 277

CourtOhio Supreme Court

DecidedDecember 2, 2008

DocketNo. 2008-1404

StatusPublished

Cited by2 cases

This text of 898 N.E.2d 47 (State ex rel. McKinney v. Defiance County Court of Common Pleas) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. McKinney v. Defiance County Court of Common Pleas, 898 N.E.2d 47, 120 Ohio St. 3d 277 (Ohio 2008).

Pincite

Opinion

Per Curiam.

{¶ 1} This is an appeal from a judgment denying a motion for relief from a judgment dismissing a petition for a writ of mandamus filed by appellant, Daniel P. McKinney, an inmate at Lebanon Correctional Institution. We affirm the judgment of the court of appeals because McKinney could have raised his claim that the court of appeals erred in dismissing his mandamus petition by filing a timely appeal from that judgment. Eubank v. Anderson, 119 Ohio St.3d 349, 2008-Ohio-4477, 894 N.E.2d 48, ¶ 5. “A Civ.R. 60(B) motion for relief from judgment cannot be used as a substitute for a timely appeal * * Key v. Mitchell (1998), 81 Ohio St.3d 89, 90-91, 689 N.E.2d 548.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lan-zinger, and Cupp, JJ., concur.

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Per Curiam.

{¶ 1} This is an appeal from a judgment denying a motion for relief from a judgment dismissing a petition for a writ of mandamus filed by appellant, Daniel P. McKinney, an inmate at Lebanon Correctional Institution. We affirm the judgment of the court of appeals because McKinney could have raised his claim that the court of appeals erred in dismissing his mandamus petition by filing a timely appeal from that judgment. Eubank v. Anderson, 119 Ohio St.3d 349, 2008-Ohio-4477, 894 N.E.2d 48, ¶ 5. “A Civ.R. 60(B) motion for relief from judgment cannot be used as a substitute for a timely appeal * * Key v. Mitchell (1998), 81 Ohio St.3d 89, 90-91, 689 N.E.2d 548.

Judgment affirmed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lan-zinger, and Cupp, JJ., concur.

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Bluebook (online)

898 N.E.2d 47, 120 Ohio St. 3d 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mckinney-v-defiance-county-court-of-common-pleas-ohio-2008.

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