Primus v. Portage Metro. Hous. Auth. , 2019 Ohio 2099 ( 2019 )

[Cite as Primus v. Portage Metro. Hous. Auth., 2019-Ohio-2099.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
SHARYLL PRIMUS, : MEMORANDUM OPINION
Appellant, :
CASE NO. 2019-P-0060
- vs - :
PORTAGE METROPOLITAN HOUSING :
AUTHORITY, et al.,
:
Appellee.
Administrative Appeal from the Court of Common Pleas, Case No. 2017 CV 00879.
Judgment: Appeal dismissed.
Sharyll Primus, pro se, P.O. Box 2501, Akron, OH 44309 (Appellant).
Antonios C. Scavdis, Jr., Scavdis & Scavdis, L.L.C., 261 West Spruce Avenue, P.O. Box
978, Ravenna, OH 44266 (For Appellee).
MATT LYNCH, J.
{¶1} Appellant, Sharyll Primus, filed a pro se appeal on April 25, 2019, from an
entry of the Portage County Court of Common Pleas.
{¶2} App.R. 3(A) expressly states that the only jurisdictional requirement for filing
a valid appeal is to file it within the time allowed by App.R. 4. The Supreme Court has
held that the failure to comply with the time requirements of App.R. 4(A) is a jurisdictional
defect, which is fatal to an appeal. In re H.F., 120 Ohio St.3d 499, 2008-Ohio-6810, ¶ 17,
citing State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988).
{¶3} “Subject to the provisions of App.R. 4(A)(3), a party who wishes to appeal
from an order that is final upon its entry shall file the notice of appeal required by App.R.
3 within 30 days of that entry.” See App.R. 4(A)(1). Civ.R. 58(B) directs the clerk of
courts to serve the parties with notice of the entry within three days of entering the
judgment upon the journal. If Civ.R. 58(B) service does not occur within three days, the
time to appeal does not begin to run until service is made and noted in the appearance
docket. Coles v. Lawyers Title Ins. Corp., 163 Ohio App.3d 659, 664, 2005-Ohio-5360.
{¶4} Here, the record shows the trial court issued its entry on March 25, 2019.
The clerk of courts noted on the appearance docket that copies were issued to the parties
on that same date. Since service was made on appellant within the three-day period
required in Civ.R. 58(B), the thirty-day period began to run on the date of entry of
judgment, i.e. March 25, 2019. The deadline for appellant to file her appeal was April 24,
2019, which was not a holiday or a weekend. Thus, appellant’s April 25, 2019 notice of
appeal was untimely filed.
{¶5} This court is not empowered to extend the time deadline in civil cases.
Pendell, supra, at 60; see also App.R. 14(B).
{¶6} Based upon the foregoing, this appeal is hereby sua sponte dismissed
pursuant to App.R. 4(A)(1).
CYNTHIA WESTCOTT RICE, J.,
TIMOTHY P. CANNON, J.,
concur.
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