State ex rel. Andrews v. Chardon Police Dept.
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Andrews v. Chardon Police Dept., Slip Opinion No. 2013-Ohio-4772.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2013-OHIO-4772 THE STATE EX REL. ANDREWS, APPELLANT, v. CHARDON POLICE DEPARTMENT ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Andrews v. Chardon Police Dept., Slip Opinion No. 2013-Ohio-4772.] Mandamus Failure to timely appeal judgment denying writ Judgment denying writ affirmed. (No. 2013-0816 Submitted August 20, 2013 Decided November 7, 2013.) APPEAL from the Court of Appeals for Geauga County, No. 2012-G-3074, 2013-Ohio-338. ____________________ Per Curiam. {¶ 1} We affirm the Eleventh District Court of Appeals decision denying Andrews s request for reconsideration of a judgment rendered in a public-records mandamus case. {¶ 2} Insofar as Andrews challenges the Eleventh District Court of Appeals February 4, 2013 judgment denying his petition for a writ of mandamus, SUPREME COURT OF OHIO he failed to file a timely appeal from that judgment. S.Ct.Prac.R. 6.01(A)(1). The motion for reconsideration that Andrews filed in the court of appeals did not extend his time to appeal that court s judgment. State ex rel. Manuel v. Stenson, 126 Ohio St.3d 52, 2010-Ohio-2673, 930 N.E.2d 310, ¶ 1. Andrews cannot use an appeal from a denial of his motion for reconsideration as a substitute for a timely appeal from the judgment. Id. {¶ 3} Insofar as Andrews appeals the court of appeals denial of his motion for reconsideration, that court lacked jurisdiction to consider a motion for reconsideration and thus correctly denied the motion. A request for reconsideration of a judgment rendered by an appellate court in an original action is a nullity because App.R. 26(A) is inapplicable. Phillips v. Irwin, 96 Ohio St.3d 350, 2002-Ohio-4758, 774 N.E.2d 1218, ¶ 5. Because the Eleventh District lacked jurisdiction over his motion (and thus correctly denied it), we affirm. We also dismiss appellees motion to dismiss as moot. {¶ 4} Based on the foregoing, we affirm. Judgment affirmed. O CONNOR, C.J., and PFEIFER, O DONNELL, LANZINGER, KENNEDY, FRENCH, and O NEILL, JJ., concur. ____________________ John Mark Andrews, pro se. James R. Flaiz, Geauga County Prosecuting Attorney, and Bridey Matheney, Assistant Prosecuting Attorney; and James M. Gillette, Chardon Law Director and Police Prosecuting Attorney, for appellees. ________________________ 2
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