Smith v. Gansheimer, 2008-A-0073 (12-31-2008)

MEMORANDUM OPINION

{¶ 1} On November 20, 2008, plaintiff-petitioner-appellant, Darnell Smith, filed a notice of appeal from an October 20, 2008 judgment entry of the Ashtabula County Court of Common Pleas. Thus, Darnell's notice of appeal was filed thirty-one days after the judgment had been issued by the trial court. Darnell's notice of appeal was due on Wednesday, November 19, 2008, which was not a holiday or a weekend.

{¶ 2} App. R. 4(A) states that:

{¶ 3} "A party shall file the notice of appeal required by App. R. 3 within thirty days of the later of entry of the judgment or order appealed…