Citimortgage, Inc. v. Nyamusevya

Summary

The Ohio Tenth District Court of Appeals held that the trial court lacked jurisdiction to rule on Leonard Nyamusevya's Civ.R. 60(B) motion while his direct appeal from the underlying foreclosure judgment was pending. The appellate court vacated the trial court's ruling and dismissed the appeal because no remand order had authorized the trial court to consider the motion.

Holdings

1. When a direct appeal from a judgment on the merits is pending, the trial court lacks jurisdiction to decide a Civ.R. 60(B) motion seeking relief from that judgment unless the reviewing court remands the matter for consideration of the motion.
2. When a trial court enters an order on a Civ.R. 60(B) motion without jurisdiction during a pending direct appeal, the appellate court vacates that order and dismisses the appeal from it.

Questions Presented

1. Whether a trial court has jurisdiction to decide a Civ.R. 60(B) motion for relief from judgment while a direct appeal from the underlying judgment is pending.
2. What disposition is appropriate when the trial court rules on the Civ.R. 60(B) motion without a remand order from the reviewing court.

Disposition

vacated