Clermont County Transp. Improvement Dist. v. Gator Milford, LLC
Annotate this CaseIn this appropriation action, Appellant was awarded $366,384 in a judgment dated October 4, 2012. Appellant timely moved for attorney fees. On November 27, 2012, the trial court entered its judgment denying attorney fees. However, because there was no instruction to the clerk of courts to serve the entry, the clerk neither served the entry nor noted service on the appearance docket. Appellant received the trial court’s opinion but asked the court to make the judgment final and appealable. On January 30, 2013, the trial court expressly ordered the clerk of courts to serve the November 27, 2012 judgment entry. The clerk of courts complied with the order on that date. On February 4, 2013, Appellant filed a notice of appeal from the November 27, 2012 judgment. The Court of Appeals dismissed the appeal, concluding that it was untimely because it had not been filed within thirty days of the judgment. The Supreme Court reversed with instructions to reinstate the appeal, holding that there is no exception to the requirement that when a trial court issues a judgment, the trial court shall issue a directive to the clerk of courts to serve all interested parties and attorneys with that judgment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.