State v. Defabio, Unpublished Decision (3-19-2004)
State v. Defabio, Unpublished Decision (3-19-2004)
Opinion of the Court
{¶ 2} It is apparent that appellant had filed a motion to vacate his guilty plea, which was denied by the trial court on August 14, 2003. No appeal was taken from that judgment. Instead, on September 11, 2003, Appellant filed a document captioned, "Renewal of Motion to Vacate Motion to Reconsider." The trial court treated this as a motion to reconsider the denial of Appellant's earlier motion to vacate his guilty plea.
{¶ 3} It is well established that a motion for reconsideration from a final judgment in the trial court is a nullity. Pitts v. Dept. of Transportation (1981),
{¶ 4} Based upon the foregoing analysis, appellee's motion to dismiss this appeal is hereby granted.
{¶ 5} The appeal is dismissed.
Appeal dismissed.
Ford, P.J., and Grendell, J., concur.
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