JP Morgan Chase Bank v. Wells Fargo Financial Leasing, Inc.
Ohio Court of Appeals
1ConcurrenceRogers, Judge
{¶ 29} Although I concur with the reasoning of the majority on the issue of timeliness, I would not have reached that issue. Chase’s motion or relief from judgment raises no issues that could not have been raised on appeal. “A Civ.R. 60(B) motion for relief from judgment cannot be used as a substitute for a timely appeal or as a means to extend the time for perfecting an appeal from the original judgment.” Key v. Mitchell (1998), 81 Ohio St.3d 89, 90-91, 689 N.E.2d 548. See also State ex rel. McKinney v. Defiance Cty. Court of Common Pleas, 120 Ohio St.3d 277, 2008-Ohio-6107, 898 N.E.2d 47.…
2Cases cited2 opinions
- Key v. MitchellOhio Supreme Court · 1998
- State ex rel. McKinney v. Defiance County Court of Common PleasOhio Supreme Court · 2008