Keyerleber v. Keyerleber

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[Cite as Keyerleber v. Keyerleber, 2007-Ohio-3018.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY, OHIO ROBIN M. KEYERLEBER, Plaintiff-Appellant, : MEMORANDUM OPINION : CASE NO. 2007-A-0010 - vs - : ROBERT S. KEYERLEBER, Defendant-Appellee. : June 15, 2007 : Civil Appeal from the Court of Common Pleas, Juvenile Division, Case No. 05 JH 33. Judgment: Appeal dismissed. R. Russell Kubyn, Kubyn & Kubyn, Victoria Place, #280, 100 South Park Place, Painesville, OH 44077 (For Plaintiff-Appellant). Philip E. Cordova, Andrews & Pontius, L.L.C., 4817 State Road, #100, P.O. Box 10, Ashtabula, OH 44005-0010 (For Defendant-Appellee). DIANE V. GRENDELL, J. {¶ 1} On December 18, 2006, appellant, Robin M. Keyerleber, filed a notice of appeal from a December 5, 2006 judgment of the Ashtabula County Court of Common Pleas, Juvenile Division. In that entry, the trial court overruled appellant s motion to reconsider the judgment of November 22, 2006. {¶ 2} In the November 22, 2006 judgment entry, the trial court overruled the objections to the magistrate s decisions dated May 10, 2006, and May 17, 2006. Therefore, there was a final appealable order at that point. {¶ 3} 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. Dept. of Transportation (1981), 67 Ohio St.2d 378, 381. Hence, in the instant matter, the December 5, 2006 judgment of the trial court overruling appellant s motion for reconsideration is a nullity and cannot properly be appealed. {¶ 4} Based upon the foregoing analysis, this appeal is hereby dismissed, sua sponte, for lack of a final appealable order. {¶ 5} Appeal dismissed. CYNTHIA WESTCOTT RICE, P.J., MARY JANE TRAPP, J., concur. 2

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