Opinion
No. 2010-L-085.
September 24, 2010.
Civil Appeal from the Painesville Municipal Court, Case No. 08 CVG 01807.
Cross-appeal dismissed.
Gerald J. Patronite, (For Plaintiffs-Appellees/Cross-Appellants).
Michael C. Carvcasci and Kellie A. Swaney, pro se, (Defendants-Appellants/Cross-Appellees).
John W. Bosco, John W. Bosco Co., L.P.A., pro se, P (Appellant/Cross-Appellee).
MEMORANDUM OPINION
{¶ 1} On July 15, 2010, appellants/cross-appellees, Michael C. Carvcasci and Kellie A. Swaney and John W. Bosco, filed a notice of appeal from a June 18, 2010 entry from the Painesville Municipal Court. Appellees/cross-appellants, Roger Sielaff and Lynn Sielaff, filed their cross-appeal on August 5, 2010.
{¶ 2} In the case at hand, Roger and Lynn Sielaff had the option of filing their cross-appeal within ten days of appellants filing their notice of appeal under App. R. 4(B)(1), or the traditional thirty-day window created by App. R. 4(A). Therefore, pursuant to the foregoing rules, the latest that Roger and Lynn Sielaff could have filed their cross-appeal was July 26, 2010.
{¶ 3} Here, the record indicates that the cross-appeal was filed with this court on August 5, 2010, which is ten days beyond the required time limit of App. R. 4(B)(1). The time requirements for filing a cross-appeal pursuant to App. R. 4(A) and App. R. 4(B)(1) are mandatory and jurisdictional. Kaplysh v. Takieddine (1988), 35 Ohio St.3d 170. See, also, Reeves v. Hurley, 11th Dist. No. 2009-G-2911, 2009-Ohio-4622, at ¶ 2. As a result, this court lacks jurisdiction under App. R. 4(A), and thus, cannot address the merits of Roger and Lynn Sielaff's untimely cross-appeal.
{¶ 4} Based upon the foregoing analysis, Roger and Lynn Sielaff's cross-appeal is hereby, sua sponte, dismissed for untimeliness. However, the appeal filed by appellants can proceed.
{¶ 5} Cross-appeal dismissed.
MARY JANE TRAPP, P.J., concurs,
COLLEEN MARY O'TOOLE, J., concurs in judgment only.