State ex rel. Manuel v. Stenson
Ohio Supreme Court
State ex rel. Manuel v. Stenson, 2010 Ohio 2673 (Ohio 2010)
126 Ohio St. 3d 52
Brown, Pfeifer, Stratton, O'Connor, O'Donnell, Lanzinger, Cupp
State ex rel. Manuel v. Stenson
Opinion
{¶ 1} We dismiss the appeal of appellant, Michael Manuel, because although he challenges the court of appeals’ November 10, 2009 judgment denying his petition for a writ of mandamus, he failed to file a timely appeal from that judgment. S.CtJPrac.R. 2.2(A)(1). His amended motion for rehearing, whether construed as a motion for reconsideration or a Civ.R. 60(B) motion for relief from judgment, did not extend his time to appeal the judgment. State ex rel. Martin v. Ohio Adult Parole Auth., 124 Ohio St.3d 63, 2009-Ohio-6164, 918 N.E.2d 1005, ¶ 1. Manuel cannot use Civ.R. 60(B) as a substitute for a timely appeal. Id.
Appeal dismissed.
Reference
- Full Case Name
- The State Ex Rel. Manuel, Appellant, v. Stenson, Appellee
- Cited By
- 5 cases
- Status
- Published