 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Ullmann v. Duffus11/15/2005
oc. Animal Hosp., 151 Ohio App.3d 741, 2003-Ohio-917, at . Rather, the measure of damages for loss of personal property is typically the difference between the property's fair market value before and immediately after the loss. Id., citing Akro-Plastics v. Drake Industries (1996), 115 Ohio App.3d 221, 226. Although we do not doubt appellant's sense of loss that accompanied the death of her birds, the law of Ohio does not permit recovery for emotional distress arising out of such loss. Therefore, Dr. Duffus was entitled to judgment as a matter of law on appellant's claim for negligent infliction of emotional distress.
{ } Upon review, we conclude that the trial court properly granted summary judgment in Dr. Duffus' favor on appellant's claims, and we overrule appellant's first assignment of error.
{ } In her second assignment of error, appellant contends that the trial court erred by failing to rule on her Civ.R. 60(B) motion for relief from judgment in a timely manner and by failing to grant the requested relief. Appellant argues that the trial court was obligated to inform her of the need to provide an expert affidavit before granting summary judgment in Dr. Duffus' favor upon reconsideration. The trial court denied appellant's motion for relief from judgment on March 29, 2005, four days after appellant filed her notice of appeal from the trial court's entry of summary judgment.
{ } Dr. Duffus argues that this court lacks jurisdiction to consider appellant's second assignment of error because appellant did not file a notice of appeal from the trial court's denial of her motion for relief from judgment. Denial of a Civ.R. 60(B) motion for relief from judgment is a final appealable order from which the unsuccessful movant must appeal if an appellate court is to have jurisdiction. Oskar v. Oskar (Dec. 24, 1986), Summit App. No. 12416. Pursuant to App.R. 4(A), a party must generally file a notice of appeal within 30 days of the entry of judgment. The filing of a timely notice of appeal is jurisdictional. Ross v. Harden (1982), 8 Ohio App.3d 34.
Appellant did not file a notice of appeal from the trial court's denial of her motion for relief from judgment. Therefore, this court lacks jurisdiction to consider appellant's second assignment of error.
{ } Upon review, we overrule appellant's first assignment of error, dismiss appellant's second assignment of error for lack of jurisdiction, and affirm the judgment of the Franklin County Municipal Court.
Judgment affirmed.
BROWN, P.J., and McGRATH, J., concur.
|