Kuss v. Clements
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[Cite as Kuss v. Clements, 2012-Ohio-1678.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO CHERI KUSS, Petitioner-Appellee, : MEMORANDUM OPINION : CASE NO. 2012-P-0023 - vs - : THOMAS JASON CLEMENTS, Respondent-Appellant. : : Civil Appeal from the Court of Common Pleas, Case No. 2010 CV 0904. Judgment: Appeal dismissed. Cheri Kuss, pro se, 4396 Edison Road, Kent, OH 44240 (Petitioner-Appellee). Thomas Jason Clements, pro se, PID: A592422, Grafton Correctional Institution, 2500 South Avon Belden Road, Grafton, OH 44044 (Respondent-Appellant). DIANE V. GRENDELL, J. {¶1} This appeal emanates from the Portage County Court of Common Pleas. On February 27, 2012, appellant, Thomas Jason Clements, pro se, filed a notice of appeal. In his notice, appellant indicates that he is appealing the November 30, 2011 judgment entry, in which the trial court denied his motion to vacate. {¶2} On February 1, 2012, the trial court overruled appellant s motion to reconsider its November 30 entry denying his motion to vacate the civil protection order. {¶3} The docket in this matter reveals that on June 8, 2010, appellee, Cheri Kuss, filed a petition for a civil protection order, which was granted on November 29, 2010. On November 23, 2011, appellant filed a motion for relief from judgment. The trial court overruled appellant s motion on November 30, 2011. No appeal was filed within thirty days from that judgment entry. Thereafter, on January 9, 2012, appellant filed a motion to reconsider, which was overruled by the trial court in the February 1, 2012 entry. {¶4} It is well established that the filing of a motion for reconsideration from a final order in the trial court is a nullity. Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378, 379, 423 N.E.2d 1105 (1981); see also, Keyerleber v. Keyerleber, 11th Dist. No. 2007A-0010, 2007-Ohio-3018, ¶ 3. Therefore, all judgments or orders from a motion for reconsideration are a nullity. Pitts at 380. Thus, the February 1, 2012 judgment of the trial court in the instant matter overruling appellant s motion for reconsideration is a nullity and cannot properly be appealed. {¶5} Furthermore, the filing of a motion for reconsideration does not extend the time for filing an appeal from a final judgment. Id. at 380. An appeal from either the November 29, 2010 civil protection order or the November 30, 2011 entry denying appellant s motion to vacate, which are the only final appealable orders listed on the trial court docket, is untimely. {¶6} Based upon the foregoing analysis, this appeal is hereby dismissed, sua sponte, for lack of a final appealable order. {¶7} Appeal dismissed. CYNTHIA WESTCOTT RICE, J., THOMAS R. WRIGHT, J., concur. 2
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