Wilmington Savs. Fund Soc. v. Postelwaite

2020 Ohio 5405

• Court: Ohio Court of Appeals
• Decided: November 23, 2020
• Docket: 2019 CA 00120
• Status: Published

Opinion

[Cite as Wilmington Savs. Fund Soc. v. Postelwaite, 2020-Ohio-5405.]

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT

WILMINGTON SAVINGS FUND SOCIETY, : JUDGES: : Hon. Patricia A. Delaney, P.J. Plaintiff - Appellee : Hon. Craig R. Baldwin, J. : Hon. Earle E. Wise, J. -vs- : : PATRICK P. POSTELWAITE, : Case No. 2019 CA 00120 : Defendant - Appellant : OPINION

CHARACTER OF PROCEEDING: Appeal from the Licking County Court of Common Pleas, Case No. 2018 CV 00770

JUDGMENT: Dismissed

DATE OF JUDGMENT: November 23, 2020

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

STACY M. PIEPMEIER PATRICK P. POSTELWAITE, Pro se CHRISTOPHER G. PHILLIPS 85 West Church Street, Apt. 716 Shapiro, Van Ess, Phillips & Barragate, LLP Newark, Ohio 43055 4805 Montgomery Road, Suite 320 Norwood, OH 45212 Licking County, Case No. 2019 CA 00120 2

Baldwin, J.

{¶1} Defendant-appellant Patrick Postelwaite appeals from an order granting

summary judgment in favor of plaintiff-appellee.

STATEMENT OF THE FACTS AND CASE

{¶2} On May 4, 2007, appellant executed a promissory note in favor of appellee’s

predecessor in the principal sum of $31,411.78 plus interest. Appellee Wilmington

Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust was the owner

and holder of a mortgage note and deed. Appellant was the owner of the real estate.

{¶3} On July 23, 2018, a complaint for money judgment, foreclosure and relief

was filed against appellant. Appellant filed an answer on August 13, 2018. Appellee, on

December 3, 2018, filed a Motion for Summary Judgment.

{¶4} As memorialized in a Final Judgment Entry filed on August 15, 2019, the

trial court granted judgment in favor of appellee and against appellant in the amount of

$14,334.70 plus interest. Appellant, on August 20, 2019, filed a” Final Judgment Entry

Motion to Dismissed(sic)”. A Notice of Sale was filed on October 7, 2019. A Judgment

Entry Confirming the Sale and Ordering Distribution was filed on February 21, 2020.

{¶5} Appellant has now filed an appeal. We must first consider whether

appellant’s appeal is timely.

{¶6} App.R. 4 states, in relevant part, as follows: “ Appeal From Order That Is

Final Upon Its Entry. 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.” Licking County, Case No. 2019 CA 00120 3

{¶7} In the case sub judice, appellant filed his Notice of Appeal, which was in

letter form, on December 11, 2019. In his docketing statement, he indicated that he was

appealing from the trial court’s December 11, 2019 Judgment. However, there is no

December 11, 2019 judgment. The trial court’s Final Judgment Entry was issued on

August 15, 2019. Because appellant’s appeal was filed more than 30 days of the issuance

of such Entry, we find that appellant’s appeal is untimely.

{¶8} Accordingly, appellant’s appeal is dismissed as untimely.

By: Baldwin, J.

Delaney, P.J. and

Wise, Earle, J. concur.