State v. Evans, Unpublished Decision (9-14-1999)

Ohio Court of Appeals

State v. Evans, Unpublished Decision (9-14-1999)

DecidedSeptember 14, 1999

DocketCase Nos. 99CA2654 and 99CA2650

StatusUnpublished

This text of State v. Evans, Unpublished Decision (9-14-1999) (State v. Evans, Unpublished Decision (9-14-1999)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law.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.

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State v. Evans, Unpublished Decision (9-14-1999), (Ohio Ct. App. 1999).

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Opinion

DECISION AND JUDGMENT ENTRY This matter is before the Court on consideration of appellant's June 15, 1999 "Motion to: Appeal of Judgment by Trial Court." Appellant seeks to appeal the April 8, 1999 "Order" that overrules appellant's motion to suspend the payment of fines, court costs, and/or restitution. A timely notice of appeal was filed on May 10, 1999.

The Court finds sua sponte that this appeal is taken from an order which is not final or appealable. The relevant definition of final order is contained in R.C. 2505.02(B)(2) which provides that a final appealable order is "[a]n order that affects a substantial right * * * upon summary application in an action after judgment." As used in R.C. 2505.02, a "`substantial right' means a right that the United States Constitution, the Ohio Constitution, a statute, the common law, or a rule of procedure entitles a person to enforce or protect." R.C. 2505.02(A)(1). An order denying a motion to suspend court costs, fines, and/or restitution does not affect a substantial right because there is no legally enforceable right to have these monetary assessments suspended. R.C. 2949.09 et seq. The denial of a post-judgment motion that does not affect a substantial right is not a final appealable order. State v. Boyd (1994), 95 Ohio App.3d 679. A court of appeals only has jurisdiction to consider the merits of an appeal taken from a final and appealable order pursuant to R.C. 2505.02. Appellant's motion is denied.

Appeal DISMISSED. Costs to Appellant

Evans, J.: Concurs and Harsha, J.: Dissents

For the Court

_________________________ Roger L. Kline Presiding Judge

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DECISION AND JUDGMENT ENTRY This matter is before the Court on consideration of appellant's June 15, 1999 "Motion to: Appeal of Judgment by Trial Court." Appellant seeks to appeal the April 8, 1999 "Order" that overrules appellant's motion to suspend the payment of fines, court costs, and/or restitution. A timely notice of appeal was filed on May 10, 1999.

The Court finds sua sponte that this appeal is taken from an order which is not final or appealable. The relevant definition of final order is contained in R.C. 2505.02(B)(2) which provides that a final appealable order is "[a]n order that affects a substantial right * * * upon summary application in an action after judgment." As used in R.C. 2505.02, a "`substantial right' means a right that the United States Constitution, the Ohio Constitution, a statute, the common law, or a rule of procedure entitles a person to enforce or protect." R.C. 2505.02(A)(1). An order denying a motion to suspend court costs, fines, and/or restitution does not affect a substantial right because there is no legally enforceable right to have these monetary assessments suspended. R.C. 2949.09 et seq. The denial of a post-judgment motion that does not affect a substantial right is not a final appealable order. State v. Boyd (1994), 95 Ohio App.3d 679. A court of appeals only has jurisdiction to consider the merits of an appeal taken from a final and appealable order pursuant to R.C. 2505.02. Appellant's motion is denied.

Appeal DISMISSED. Costs to Appellant

Evans, J.: Concurs and Harsha, J.: Dissents

For the Court

_________________________ Roger L. Kline Presiding Judge

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State v. Evans, Unpublished Decision (9-14-1999), Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-evans-unpublished-decision-9-14-1999-ohioctapp-1999.

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