State v. Porterfield, 2007-T-0017 (4-30-2007)
State v. Porterfield, 2007-T-0017 (4-30-2007)
Opinion of the Court
{¶ 2} On February 20, 2007, appellee, State of Ohio, filed a motion to dismiss the appeal as being untimely pursuant to App.R. 4(A).
{¶ 3} App.R. 4(A) states: *Page 2
{¶ 4} "A party shall file the notice of appeal required by App.R. 3 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 rule period in Rule 58(B) of the Ohio Rules of Civil Procedure."
{¶ 5} Appellant's appeal was due to be filed by February 9, 2007, and it was not filed until February 15, 2007. Thus, this court is without jurisdiction to review this matter pursuant to App.R. 4(A).
{¶ 6} Therefore, appellee's motion to dismiss is granted, and the appeal is hereby dismissed.
{¶ 7} Appeal dismissed.
*Page 1DIANE V. GRENDELL, J., MARY JANE TRAPP, J., concur.
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