Telhio Credit Union v. Byrd

Summary

The Ohio Tenth District Court of Appeals dismissed Tierra Byrd’s appeal from the denial of her Civ.R. 60(B) motion for relief from judgment. The court held that Byrd’s assignments of error challenged the earlier summary judgment rather than the denial of her motion for relief, and that a Civ.R. 60(B) motion cannot substitute for a direct appeal. Because Byrd did not timely appeal the summary judgment, the court concluded that it lacked jurisdiction to address her arguments.

Holdings

1. The appellate court lacked jurisdiction to address Byrd's assignments of error because they challenged the earlier summary-judgment order rather than the order denying her Civ.R. 60(B) motion.

Questions Presented

1. Whether the appellate court had jurisdiction to review alleged errors in the trial court's April 18, 2024 summary-judgment order when Byrd appealed only the May 8, 2025 denial of her Civ.R. 60(B) motion.
2. Whether a motion for relief from judgment may be used as a substitute for a direct appeal from the judgment being challenged.

Disposition

dismissed