From Casetext: Smarter Legal Research

Wilmington Sav. Fund Soc'y v. Postelwaite

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT
Nov 23, 2020
2020 Ohio 5405 (Ohio Ct. App. 2020)

Opinion

Case No. 2019 CA 00120

11-23-2020

WILMINGTON SAVINGS FUND SOCIETY, Plaintiff - Appellee v. PATRICK P. POSTELWAITE, Defendant - Appellant

APPEARANCES: For Plaintiff-Appellee STACY M. PIEPMEIER CHRISTOPHER G. PHILLIPS Shapiro, Van Ess, Phillips & Barragate, LLP 4805 Montgomery Road, Suite 320 Norwood, OH 45212 For Defendant-Appellant PATRICK P. POSTELWAITE, Pro se 85 West Church Street, Apt. 716 Newark, Ohio 43055


JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Hon. Earle E. Wise, J.

OPINION

CHARACTER OF PROCEEDING: Appeal from the Licking County Court of Common Pleas, Case No. 2018 CV 00770 JUDGMENT: Dismissed APPEARANCES: For Plaintiff-Appellee STACY M. PIEPMEIER
CHRISTOPHER G. PHILLIPS
Shapiro, Van Ess, Phillips & Barragate, LLP
4805 Montgomery Road, Suite 320
Norwood, OH 45212 For Defendant-Appellant PATRICK P. POSTELWAITE, Pro se
85 West Church Street, Apt. 716
Newark, Ohio 43055 Baldwin, J.

{¶1} Defendant-appellant Patrick Postelwaite appeals from an order granting summary judgment in favor of plaintiff-appellee.

STATEMENT OF THE FACTS AND CASE

{¶2} On May 4, 2007, appellant executed a promissory note in favor of appellee's predecessor in the principal sum of $31,411.78 plus interest. Appellee Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust was the owner and holder of a mortgage note and deed. Appellant was the owner of the real estate.

{¶3} On July 23, 2018, a complaint for money judgment, foreclosure and relief was filed against appellant. Appellant filed an answer on August 13, 2018. Appellee, on December 3, 2018, filed a Motion for Summary Judgment.

{¶4} As memorialized in a Final Judgment Entry filed on August 15, 2019, the trial court granted judgment in favor of appellee and against appellant in the amount of $14,334.70 plus interest. Appellant, on August 20, 2019, filed a" Final Judgment Entry Motion to Dismissed(sic)". A Notice of Sale was filed on October 7, 2019. A Judgment Entry Confirming the Sale and Ordering Distribution was filed on February 21, 2020.

{¶5} Appellant has now filed an appeal. We must first consider whether appellant's appeal is timely.

{¶6} App.R. 4 states, in relevant part, as follows: " Appeal From Order That Is Final Upon Its Entry. Subject to the provisions of App.R. 4(A)(3), a party who wishes to appeal from an order that is final upon its entry shall file the notice of appeal required by App.R. 3 within 30 days of that entry."

{¶7} In the case sub judice, appellant filed his Notice of Appeal, which was in letter form, on December 11, 2019. In his docketing statement, he indicated that he was appealing from the trial court's December 11, 2019 Judgment. However, there is no December 11, 2019 judgment. The trial court's Final Judgment Entry was issued on August 15, 2019. Because appellant's appeal was filed more than 30 days of the issuance of such Entry, we find that appellant's appeal is untimely.

{¶8} Accordingly, appellant's appeal is dismissed as untimely. By: Baldwin, J. Delaney, P.J. and Wise, Earle, J. concur.


Summaries of

Wilmington Sav. Fund Soc'y v. Postelwaite

COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT
Nov 23, 2020
2020 Ohio 5405 (Ohio Ct. App. 2020)
Case details for

Wilmington Sav. Fund Soc'y v. Postelwaite

Case Details

Full title:WILMINGTON SAVINGS FUND SOCIETY, Plaintiff - Appellee v. PATRICK P…

Court:COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT

Date published: Nov 23, 2020

Citations

2020 Ohio 5405 (Ohio Ct. App. 2020)