St. Vincent Charity Hospital v. Mintz

The court of appeals considered the judgment entry of July 29, 1985 the final judgment of the trial court and, therefore, found untimely the notices of appeal filed on October 9, 1985 and October 16, 1985, respectively. The court found the September 10, 1985 judgment entry “substantially the same” as the July 29,1985 entry and applied McCue v. Buckeye Union Ins. Co. (1979), 61 Ohio App. 2d 101, 15 O.O. 3d 103, 399 N.E. 2d 127. We reverse.

McCue involved the unexplained vacating of a judgment entry and the simultaneous filing of an identical entry. McCue holds that in such a case “* * * it will…