In Bank United v. Klug, the Ninth District reaffirmed the well-settled rule that the journalization of a nunc pro tunc order which merely "correct[s] minor typographical errors" does not extend the 30-day notice-of-appeal filing deadline provided for in Appellate Rule 4(A). Here, the order was entered on January 6, a nunc pro tunc order was entered on January 22, and the notice of appeal was filed on February 19--28 days after the nunc pro tunc order, but 44 days after the original order. The appeal thus was untimely, and was dismissed.
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Showing posts with label Sixth Circuit Court of Appeals. Show all posts
Showing posts with label Sixth Circuit Court of Appeals. Show all posts
Monday, September 12, 2016
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