Brown v. Vaniman
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[Cite as Brown v. Vaniman, 2003-Ohio-6234.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO DANIEL L. BROWN : Plaintiff-Appellant : C.A. CASE NO. 19835 v. : T.C. CASE NO. 98-3168 CHARLES C. VANIMAN, et al. : (Civil Appeal from Common Pleas Court) Defendants-Appellees : : .......... OPINION Rendered on the 21st day of November , 2003. .......... BYRON L. POTTS, Atty. Reg. No. 0040246, 415 E. Broad Street, Suite 112, Columbus, Ohio 43215 Attorney for Plaintiff-Appellant DAVID P. PIERCE, Atty. Reg. No. 0061972 and DINA M. CARY, Atty. Reg. No. 0068237 and NICOLE M. RUHENKAMP, Atty. Reg. No. 0075146, 33 W. First Street, Suite 600, Dayton, Ohio 45402 Attorneys for Defendants-Appellees .......... FREDERICK N. YOUNG, J. {ΒΆ1} Daniel L. Brown is purportedly appealing from the denial by the trial court of his motion to vacate the court s judgment entered on January 2, 2003, sustaining the 2 motion of the defendants for summary judgment. Brown filed his notice of appeal on March 25, 2003, purportedly appealing from the trial court s entry on March 4, 2003, overruling his motion to vacate the January judgment. appeal However, Brown s brief on and all five of his assignments of error make it clear that he is actually attempting to appeal from the summary judgment decision. As such, his appeal is untimely, and we must therefore dismiss it. APPEAL DISMISSED. .......... WOLFF, J. and GRADY, J., concur. Copies mailed to: Bryon L. Potts David P. Pierce Dina M. Cary Nicole M. Ruhenkamp Hon. John W. Kessler
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