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Late Appeal Is No Appeal
Description Appeals court upheld the dismissal of an appeal that arrived at the court four days after the deadline for the appeal to be filed. The fact that the appeal was mailed a day before the deadline is not relevant since court rules require appeals to be filed with the clerk within 30 days.
Topic Court Procedure
Key Words Appeals; Notice; Timeliness
C A S E   S U M M A R Y
Facts The Malliks went to arbitration against Fairfield for alleged violations of Ohio's Consumer Sales Practices Act. The Malliks presented their case to an arbitration panel on February 28, 2000. The panel filed a report and award on March 1, 2000 and held for Fairfield. That report stated that either party had thirty days to appeal or the verdict would be the final judgment. Neither party appealed, so the arbitration verdict became the final judgment on March 31. The Mallicks filed a notice of appeal in court on April 4. Fairfield moved the trial court to dismiss the appeal on the basis that it was not timely. The Malliks contended that their attorney mailed the notice of appeal on March 30. The trial court dismissed the appeal as not being timely. The Malliks appealed.
Decision Affirmed. An arbitrator's report and award "shall be final and have the legal effect of a verdict upon which judgment shall be entered by the court." Any appeal must be filed within 30 days. The appeal was not timely, so it is time barred. The clerk of the court had to receive the appeal within 30 days; it was not sufficient that the appeal be mailed within 30 days. If the delay was due to neglect by the Mallicks' attorney, the neglect is imputed to them.
Citation Mallik v. Jeff Wyler Fairfield, Inc., 2000 WL 1693246 (Ct. App., Ohio, 2000)

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