Levy v. Morrissey

The relator-appellant contends that respondentappellee’s failure to properly notify him of the September 15, 1982 dismissal of his original complaint, and the October 15, 1984 dismissal of his Civ. R. 60(B)(5) motion, effectively precluded any opportunity for him to properly mount an appeal of either decision within the requisite time *368frame. Accordingly, appellant asks this court to issue the writ of mandamus and direct the court of appeals to grant him leave to appeal, appellee’s final judgment denying his Civ. R. 60(B)(5) motion filed on October 11, 1984.

Appellee proposes that the within…