Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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, 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.
PER CURIAM.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 2013–0816.
Decided: November 07, 2013
Court: Supreme Court of Ohio.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)