State ex rel. Manuel v. Stenson , 126 Ohio St. 3d 52 ( 2010 )

[Cite as State ex rel. Manuel v. Stenson, 126 Ohio St.3d 52, 2010-Ohio-2673.]
THE STATE EX REL. MANUEL, APPELLANT, v. STENSON, APPELLEE.
[Cite as State ex rel. Manuel v. Stenson, 126 Ohio St.3d 52, 2010-Ohio-2673.]
Appellate procedure — Untimely appeal dismissed — S.Ct.Prac.R. 2.2(A)(1).
(No. 2010-0248 — Submitted June 9, 2010 — Decided June 16, 2010.)
APPEAL from the Court of Appeals for Montgomery County, No. 23583.
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Per Curiam.
{¶ 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.Ct.Prac.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.
BROWN, C.J., and PFEIFER, LUNDBERG STRATTON, O’CONNOR,
O’DONNELL, LANZINGER, and CUPP, JJ., concur.
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Michael Manuel, pro se.
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