Wilson v. Francis, Unpublished Decision (5-20-2002)

Appellant filed a single notice of appeal on October 12, 2001, appealing both the September 8 and October 2 trial court orders. The September 8, 2001 entry dismissing the complaint was a final appealable order, Gieg v. Gieg (1984), 16 Ohio App.3d 51, and since the notice of appeal was untimely as to that entry, this court has no jurisdiction to consider the September 8 dismissal entry. Donofrio v. Amerisure Ins. Co. (1990), 67 Ohio App.3d 272.

Following the dismissal of his action, appellant asked the trial court to "modify its entry of Sept. 8, 2001 and to reinstate the case by dismissing any…