Dubay v. Dubay, Unpublished Decision (11-18-2005)
Dubay v. Dubay, Unpublished Decision (11-18-2005)
Opinion of the Court
{¶ 2} Since App.R. 4(A) limits the time for filing a notice of appeal to thirty days, it was too late for appellant to appeal the April 26, 2005 judgment. Instead of appealing that judgment, appellant filed a motion for reconsideration. However, it is well established that a motion for reconsideration from a final order in the trial court is a nullity.Pitts v. Dept. of Transportation (1981),
{¶ 3} Hence, there is no judgment that appellant can properly appeal now. See Commercial Investment Assoc., Inc. v. Dean, 11th Dist. No. 2004-T-0103,
{¶ 4} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed as being untimely filed.
{¶ 5} Appeal dismissed.
Rice, J., O'Toole, J., concur.
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