In re R.N.W. , 2024 Ohio 1009 ( 2024 )

[Cite as In re R.N.W., 2024-Ohio-1009.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
IN THE MATTER OF: CASE NO. 2023-L-115
R.N.W.
Civil Appeal from the
Court of Common Pleas,
Juvenile Division
Trial Court No. 2018 CV 01104
MEMORANDUM
OPINION
Decided: March 18, 2024
Judgment: Appeal dismissed
Marrio Woods, pro se, 8210 Macedonia Commons Boulevard, Suite 3B, Macedonia, OH
44056 (Appellant).
Michelle Colegrove, pro se, 2208 Buena Vista Drive, Wickliffe, OH 44092 (Appellee).
JOHN J. EKLUND, J.
{¶1} On December 6, 2023, appellant, Marrio Woods, filed a pro se appeal from
a September 12, 2019 judgment entry.
{¶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 trial court issued its entry on September 12, 2019. The clerk of
courts noted on the appearance docket that notice of the entry under Civ.R. 58(B) was
issued to the parties on that same date. Therefore, pursuant Civ.R. 58(B), the time to
appeal began to run from September 12, 2019. The deadline for appellant to file his
notice of appeal was October 15, 2019, which was not a holiday or a weekend. Thus,
appellant’s notice of appeal was untimely filed by over 4 years.
{¶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 dismissed, sua sponte, as untimely
pursuant to App.R. 4(A)(1).
MARY JANE TRAPP, J.,
ROBERT J. PATTON, J.,
concur.
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Case No. 2023-L-115