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Johnson v. Meridia Euclid Hospital3/28/2002
uyahoga App. Nos. 60631, 61121, unreported.
Furthermore, appellant's averments she did not receive the post-card notices from the trial court did not constitute excusable neglect pursuant to Civ.R. 60(B)(5): appellant was the person who provided the address. Investors REIT One v. Fortman (Jan. 16, 2000), Franklin App. No. 00AP-195, unreported.
Appellant also failed to aver she had a meritorious claim to assert against appellees. Weaver v. Colwell Financial Corp. (1992), 73 Ohio App.3d 139, 145; cf., Adomeit v. Baltimore (1974), 39 Ohio App.2d 97, 106-107.
Finally, appellant failed to file her motion until eight months had passed. Appellant gave no explanation for this delay, therefore, her motion for relief from judgment was untimely. Id., at 106; Mount Olive Baptist Church v. Pipkins Paints (1979), 64 Ohio App.2d 285, 289.
The record thus supports the conclusion appellant could not meet the requirements of Civ.R. 60(B). Consequently, the trial court neither erred nor abused its discretion in denying appellant's motion for relief from judgment. Weaver v. Colwell Financial Corp., supra.
Accordingly, appellant's first assignment of error is overruled.
Appellant's second assignment of error states:
THE TRIAL COURT VIOLATED THE PLAINTIFF'S RIGHTS UNDER SECTION 16, ARTICLE 1, OHIO CONSTITUTION THAT EVERY INJURED PARTY SHALL HAVE REMEDY BY DUE COURT OF LAW, AND SHALL HAVE JUSTICE ADMINISTERED WITHOUT DENIAL OR DELAY BY DISMISSING THE WITHIN ACTION WITHOUT MEANINGFUL NOTICE TO THE PLAINTIFF.
Appellant argues the trial court's order of dismissal of her complaint does not comply with constitutional requirements of due process of law. This court, however, may not address appellant's argument. Appellant filed no notice of appeal from that order. App.R. 4(A); State ex rel. Richard v. Cuyahoga Cty. Commrs. (2000), 89 Ohio St.3d 205, 206.
Appellant's second assignment of error also is overruled.
The trial court's order is affirmed.
It is ordered that appellees recover of appellant their costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JUDGE KENNETH A. ROCCO
TIMOTHY E. McMONAGLE, A.J. and TERRENCE O'DONNELL, J. CONCUR
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