Jones v. Jones, Unpublished Decision (11-2-1999)
Jones v. Jones, Unpublished Decision (11-2-1999)
Opinion of the Court
Pursuant to App. R. 4(A), a notice of appeal must be filed "within thirty days of the later of entry of the judgment or order appealed or, in a civil case, service of the notice of judgment and its entry if service is not made on the party within the three day period in Rule 58(B) of the Ohio Rules of Civil Procedure." App.R. 4(A). The time requirement of App. R. 4(A) is jurisdictional and may not be extended. Ditmars v. Ditmars (1984),
In the present case, the record reveals that notice of the judgment was served upon appellant within the three-day period provided for in Civ.R. 58(B), and, thus, appellant was required to file his notice of appeal within thirty days of the entry of the judgment. Appellant's notice of appeal was not filed until one year and one day after the entry of the judgment. Although appellant claims that he never received actual notice of the trial court's judgment entry in this matter, Ohio law does not require that a party be given actual notice of the filing of a judgment entry. Americare Corp. v. Misenko (1984)
Accordingly, because this court is without jurisdiction to grant a delayed appeal from civil proceedings, we deny appellant's motion for leave to appeal.
Motion for delayed appeal denied.
BRYANT and PETREE, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.