Legal Opinion
Riley v. Montgomery
Ohio Supreme Court
Decided June 6, 1984No. 83-1358PublishedCited by 161 opinions
1Opinion of the CourtGrey, J.
I
Preliminary Issues
A
Filing of Notice of Appeal
Riley urges the court to dismiss this appeal because a copy of appellants’ notice of appeal from the court of appeals was not filed in the Supreme Court within the thirty days prescribed by Section 1(B), Rule I, Rules of Practice of the Supreme Court. Section 1, Rule II, Rules of Practice does provide that this court may dismiss such an appeal for lack of prosecution, but failure to file is not a jurisdictional defect. We are not inclined to dismiss in this case where the delay was a mere four days and appellee was not prejudiced in any way.
B
The…
2Cases cited20 opinions
- Household Consumer Discount Co. v. VespazianiSupreme Court of Pennsylvania · 1980
- Ennis v. RingWashington Supreme Court · 1959
- WJ Kroeger Co. v. Travelers Indemnity CompanyArizona Supreme Court · 1975
- Sears, Roebuck and Company v. GoudieDistrict of Columbia Court of Appeals · 1972
- In Re Estate of ButlerOhio Supreme Court · 1940
15 more not listed; retrieve them via the Exa API.
3Cited by161 opinions
- Russell v. Interim Personnel, Inc.Ohio Court of Appeals · 1999
- Moore v. Emmanuel Family Training Center, Inc.Ohio Supreme Court · 1985
- Metropolitan Life Insurance v. Triskett Illinois, Inc.Ohio Court of Appeals · 1994
- Blackwell v. International Union, United Auto Workers Local No. 1250Ohio Court of Appeals · 1984
- Beckloff v. Amcor Rigid Plastics USA, L.L.C.Ohio Court of Appeals · 2017
156 more not listed; retrieve them via the Exa API.