DuBay v. DuBay

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[Cite as DuBay v. DuBay, 2005-Ohio-6155.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO ELIZABETH DUBAY, : Plaintiff-Appellant, : -vs- : MEMORANDUM OPINION JOHN W. DUBAY, JR., CASE NO. 2005-G-2647 : Defendant-Appellee. Civil Appeal from the Court of Common Pleas, Domestic Relations Division, Case No. 01 DC 285. Judgment: Appeal Dismissed. David E. Lowe, Trasher, Dinsmore & Dolan Co., L.P.A., 100 Seventh Avenue, #150, Chardon, OH 44024, and Sarah L. Heffter, 151 Main Street, Chardon, OH 44024 (For Plaintiff-Appellant). Carolyn J. Paschke, P.O. Box 141, 10808 Kinsman Road, Newbury, OH 44065 (For Defendant-Appellee). DIANE V. GRENDELL, J., {¶1} On June 21, 2005, appellant, Elizabeth DuBay filed a notice of appeal from a May 26, 2005 judgment of the Geauga County Court of Common Pleas. In that judgment, the trial court overruled appellant s motion for reconsideration of the court s earlier April 26, 2005 judgment. {¶2} Since App.R. 4(A) limits the time for filing a notice of appeal to thirty days, it was too late for appellant to appeal the April 26, 2005 judgment. Instead of appealing that judgment, appellant filed a motion for reconsideration. However, it is well established that a motion for reconsideration from a final order in the trial court is a nullity. Pitts v. Dept. of Transportation (1981), 67 Ohio St.2d 378, 381. Additionally, all judgments or orders from a motion for reconsideration are a nullity. Id. at 381. {¶3} Hence, there is no judgment that appellant can properly appeal now. See Commercial Investment Assoc., Inc. v. Dean, 11th Dist. No. 2004-T-0103, 2005-Ohio61, at ¶3. {¶4} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed as being untimely filed. {¶5} Appeal dismissed. CYNTHIA WESTCOTT RICE, J., COLLEEN MARY O TOOLE, J., concur. 2

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