Opinion
Case No. 12-CA-38
08-14-2012
PHILIP S. MANOGG Defendant-Appellant v. MINDY WISNIEWSKI Plaintiff-Appellee
For Defendant-Appellant PHILIP S. MANOGG, PRO SE For Plaintiff-Appellee MINDY WISNIEWSKI
JUDGES:
Hon. W. Scott Gwin, P.J.
Hon. William B. Hoffman, J.
Hon. Julie A. Edwards, J.
OPINION
CHARACTER OF PROCEEDING: Appeal from the Licking County Municipal Court, Case No. 05 CVI 00849 JUDGMENT: Dismissed APPEARANCES: For Defendant-Appellant PHILIP S. MANOGG, PRO SE For Plaintiff-Appellee MINDY WISNIEWSKI
Hoffman, J.
{¶1} Defendant-appellant Philip Scott Manogg appeals the April 10, 2012 Judgment Entry entered by the Civil Division of the Municipal Court of Licking County, which found he had been properly served in the underlying action. Plaintiff-appellee is Mindy Wisniewski.
{¶2} Appellee did not file a reply brief in this appeal. Pursuant to App.R. 18(C), this Court accepts Appellant's statement of the facts and issues as correct.
For a statement of the case, see this Court's Opinion in Wisniewski v. Manogg, 2012-Ohio-1081.
{¶3} This case comes to us on the accelerated and is calendar and is governed by App.R. 11.1, which states the following in pertinent part:
{¶4} "(E) Determination and judgment on appeal
{¶5} "The appeal will be determined as provided by App. R. 11.1. It shall be sufficient compliance with App. R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form.
{¶6} The decision may be by judgment entry in which case it will not be published in any form.
{¶7} We dismiss Appellant's appeal for lack of a final appealable order. Our reason follows.
{¶8} In its Judgment Entry dated April 10, 2012, after finding Appellant had been properly served, the trial court scheduled an oral hearing on Appellant's motion for relief from judgment to be held May 21, 2012. Appellant filed his Notice of Appeal on May 4, 2012, and requested a continuance of the trial court hearing. The trial court granted Appellant's request.
{¶9} Because the trial court entry does not determine Appellant's motion for relief from judgment nor prevent Appellant relief thereunder, we find this Court lacks jurisdiction pursuant to R.C. 2505.02.
{¶10} Appellant's appeal is ordered to be dismissed. By: Hoffman, J. Gwin, P.J. and Edwards, J. concur
_______________
HON. WILLIAM B. HOFFMAN
_______________
HON. W. SCOTT GWIN
_______________
HON. JULIE A. EDWARDS
PHILIP S. MANOGG Defendant-Appellant
-vs
MINDY WISNIEWSKI Plaintiff-Appellee
JUDGMENT ENTRY
Case No. 12-CA-38
For the reason stated in our accompanying Opinion, this appeal is ordered dismissed. Costs assessed to Appellant.
_______________
HON. WILLIAM B. HOFFMAN
_______________
HON. W. SCOTT GWIN
_______________
HON. JULIE A. EDWARDS