L. Bryan Carr Co., L.P.A. v. LaForge

Summary

The Eleventh District Court of Appeals of Ohio dismissed Marilyn A. LaForge’s appeal for lack of jurisdiction because her notice of appeal was filed after the 30-day deadline under App.R. 4(A)(1). The court declined to address whether the underlying judgment was a final appealable order and assessed costs against the appellant.

Holdings

1. A notice of appeal from an order final upon entry must be filed within 30 days of the order's entry; because LaForge filed after the January 12, 2026 deadline, the notice was untimely and the appeal had to be dismissed for lack of jurisdiction.
2. Because the untimely notice of appeal deprived the court of jurisdiction, the court could not review whether the underlying judgment was a final appealable order.

Questions Presented

1. Whether the appeal had to be dismissed because the notice of appeal was filed after the deadline prescribed by Ohio Appellate Rule 4(A)(1).
2. Whether the court could review whether the underlying judgment was a final appealable order despite the untimely notice of appeal.

Disposition

dismissed