Colley v. Bazell

Initially, we consider and reject the claim advanced by the plaintiffs that the appeal of Bazell from the denial of his application for Civ. R. 60 relief should have been dismissed by the Court of Appeals because the notice of appeal was filed on May 9, 1978, more than 30 days following the granting of the default judgment on February 13, 1978. The plaintiffs correctly observe that the time for filing a notice of appeal from a judgment is not tolled by either the filing of a Civ. R. 60(B) motion for relief from judgment or a motion to reconsider. Kauder v. Kauder (1974), 38 Ohio St. 2d 265;…