State v. Hopper

Summary

The Ohio Court of Appeals for the Eleventh District dismissed an appeal by City Bonding and Universal Fire and Casualty Insurance Company as untimely. The court held that the appellants were not defendants and therefore could not seek a delayed appeal under Ohio Appellate Rule 5(A).

Holdings

1. A notice of appeal from an order final upon entry must be filed within thirty days under Ohio Appellate Rule 4(A)(1), and failure to comply with that time requirement is a jurisdictional defect fatal to the appeal.
2. Ohio Appellate Rule 5(A) does not extend the right to seek a delayed appeal to non-defendant parties; only a defendant may file a motion for delayed appeal after the thirty-day period has expired.

Questions Presented

1. Whether the appeal was timely under Ohio Appellate Rule 4(A)(1).
2. Whether non-defendant parties may seek leave to file a delayed appeal under Ohio Appellate Rule 5(A).

Disposition

dismissed