State ex rel. Casey v. Sixth District Appellate Court

Relator obtained a judgment in the Lucas County Common Pleas Court. Prior to the journalization of an entry overruling a motion for a new trial, a premature notice of appeal was filed. The respondent, Court of Appeals for Lucas County, presently has that appeal pending before it, having overruled relator’s motion to dismiss the appeal.

The premature notice of appeal was not renewed and was filed prior to the date of Appellate Rule 4a (effective July 1, 1971), which saves a premature notice of appeal and deems it to have been filed as of the date of the entry of the judgment or order appealed…