State ex rel. Pajestka v. Faulhaber

It is apparent that counsel for appellants filed his motion for reconsideration pursuant to App. R. 26, which prescribes the proper procedure for making application for reconsideration. However, App. R. 1 specifically states that the appellate rules govern procedure in appeals to courts of appeal from the trial courts.

In the instant cause, appellants brought a mandamus action in the Court of Appeals, invoking that court’s original jurisdiction granted in Section 3, Artcile IV of the Ohio Constitution. Thus the appellants mistakenly attempted to file a motion not prescribed for a court having…