Porritt v. Howard, Unpublished Decision (3-31-2004)
Porritt v. Howard, Unpublished Decision (3-31-2004)
Opinion of the Court
{¶ 2} Appellant, Gregory T. Howard, was adjudicated a vexatious litigator, pursuant to R.C.
{¶ 3} The August 22, 2000 judgment entry barred appellant from instituting legal proceedings without leave for three years. On September 12, 2003, appellant moved,
{¶ 4} "* * * For leave to file attached motion for an order to effect additional filings instanter" AND "* * * to enforce judgment and/or motion for contempt; motion for sanctions." When the trial court found appellant's motions not well-taken, he instituted the present appeal. Appellant asserts, in a single assignment of error, that the trial court's ruling was an abuse of discretion and/or "against the manifest weight of the evidence." During the pendency of this appeal, appellant has moved this court for relief from judgment and twice submitted "Certificate [s] of Service" to the United States District Court, Northern District-Ohio, which he suggests somehow divests this court of jurisdiction for this appeal.
{¶ 5} Appellant offers no authority as to how his filing with a federal court would affect this active appeal. While it is true that in some instances (bankruptcy as an example) a federal stay may delay our consideration of an appeal, we find no evidence that such action exists to stay this matter.
{¶ 6} Concerning appellant's motion for relief from judgment, that is a matter to be directed to a trial court, not a court of appeals. See CivR. 60(B); Beechler v. Beechler (1994),
{¶ 7} As to the merits of this appeal, the trial court has told appellant, Porritt v. Howard (Feb. 21, 2003), Lucas C.P. CI-99-4133, and we have told appellant, State ex rel. Howard v.Court of Common Pleas (2001),
{¶ 8} Accordingly, appellant's sole assignment of error is not well-taken.
{¶ 9} Upon consideration whereof, the judgment of the Lucas County Court of Common Pleas is affirmed. Costs to appellant.
Judgment affirmed.
Knepper, J., Lanzinger, J., Singer, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.