Ohio Supreme Court, 2000

State ex rel. Richard v. Cuyahoga County Commissioners

Ohio Supreme Court · Decided June 21, 2000 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

89 Ohio St. 3d 205

Cases that cite this one

25 later published cases cite this decision.

Wilson v. Johnston, Unpublished Decision (9-9-2002) (Ohio Ct. App. 2002)
Brunner Firm Co. v. Bussard, 07ap-867 (9-16-2008) (Ohio Ct. App. 2008)
In re Estate of Parks (Ohio Ct. App. 2024)
State v. Mann (Ohio Ct. App. 2021)
A.D. Transport Express, Inc. v. Lloyds Towing Serv. & Sales, L.L.C. (Ohio Ct. App. 2020)
State v. Boddie (Ohio Ct. App. 2019)
Pike v. Piatt (Ohio Ct. App. 2017)
Levy v. Levy (Ohio Ct. App. 2016)
Pike v. Piatt (Ohio Ct. App. 2016)
Pankey v. State (Ohio Ct. App. 2014)
State v. Rucci (Ohio Ct. App. 2014)
State v. Montgomery (Ohio Ct. App. 2012)
Citizen of Hocking Cty. v. Ohio Power Co. (Ohio Ct. App. 2012)
LSF6 Mercury Reo Invests. v. Garrabrant (Ohio Ct. App. 2012)
Christian v. Gains, Unpublished Decision (3-4-2005) (Ohio Ct. App. 2005)
Snow v. Brown, Unpublished Decision (5-12-2005) (Ohio Ct. App. 2005)
Snow v. Brown, Unpublished Decision (6-24-2003) (Ohio Ct. App. 2003)
Durst v. Durst, Unpublished Decision (4-23-2003) (Ohio Ct. App. 2003)
Hamilton v. Spirtos, Unpublished Decision (3-27-2002) (Ohio Ct. App. 2002)
Johnson v. Meridia Euclid Hospital, Unpublished Decision (3-28-2002) (Ohio Ct. App. 2002)
Bank One v. Devillers, Unpublished Decision (9-26-2002) (Ohio Ct. App. 2002)
State v. Pigg, Unpublished Decision (9-7-2001) (Ohio Ct. App. 2001)
Tulley v. Tulley, Unpublished Decision (10-12-2001) (Ohio Ct. App. 2001)
H M Enterprises v. Thomas, Unpublished Decision (12-7-2000) (Ohio Ct. App. 2000)
State ex rel. Richard v. Cuyahoga Cty. Commrs. (Ohio 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

We dismiss Richard’s appeal. Richard did not file a timely appeal from the February 28, 1995 court of appeals judgment revoking his in forma pauperis status for the future filing of original actions in that court. See S.Ct.Prac.R. II(2)(A)(1).

Richard’s Civ.R. 60(B) motion for relief from judgment did not extend the time for him to appeal the 1995 judgment. “A Civ.R. 60(B) motion for relief from judgment cannot be used as a substitute for a timely appeal or as a means to extend the time for perfecting an appeal from the original judgment.” Key v. Mitchell (1998), 81 Ohio St.3d 89, 90-91, 689 N.E.2d 548, 549; State ex rel. Durkin v. Ungaro (1988), 39 Ohio St.3d 191, 192, 529 N.E.2d 1268, 1269. Richard’s claims concerning the propriety of the 1995 court of appeals judgment could have been raised in a timely appeal from that judgment. And to the extent that Richard is claiming newly discovered evidence to support his Civ.R. 60(B)(5) claim, Civ.R. 60(B)(5) cannot be used in this manner. Strack v. Pelton (1994), 70 Ohio St.3d 172, 174. 637 N.E.2d 914, 916.

*207Based on the foregoing, we dismiss Richard’s appeal because it was not properly perfected.

Appeal dismissed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.