[Cite as Walker v. Trumbull Neighborhood Partnership, 2026-Ohio-3171.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
TRUMBULL COUNTY
JAMES WALKER, CASE NO. 2026-T-0067
Requester-Appellant,
Administrative Appeal from the
- vs - Court of Claims of Ohio
TRUMBULL NEIGHBORHOOD
PARTNERSHIP, Trial Court No. 2026-00008 PQ
Respondent-Appellee.
MEMORANDUM OPINION AND JUDGMENT ENTRY
Decided: August 17, 2026
Judgment: Appeal dismissed
James Walker, pro se, 506 Belvedere Avenue, S.E., Warren, OH 44483 (RequesterAppellant).
Zachariah S. Germaniuk, Douglass & Associates, Co., L.P.A., 4725 Grayton Road, Cleveland, OH 44135 (For Respondent-Appellee).
EUGENE A. LUCCI, J.
{¶1} On June 29, 2026, appellant, James Walker, filed a pro se appeal from a
May 21, 2026 entry and a June 5, 2026 entry issued by the Court of Claims of Ohio.
{¶2} Mr. Walker initiated this action in the Court of Claims of Ohio for a violation
of access to public records. In the May 21, 2026 entry, the Court of Claims adopted the
special master’s recommendations, granting the motion to dismiss filed by appellee,
Trumbull Neighborhood Partnership. Mr. Walker moved for reconsideration, which was
denied in the June 5, 2026 entry. This appeal ensued.
{¶3} It is well established that a motion for reconsideration is not recognized
under the Ohio Rules of Civil Procedure, and therefore, any judgment on such a motion
is a nullity and cannot be appealed. Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378,
381 (1981); see also Schultz v. Schultz, 2025-Ohio-4995, at ¶ 2 (11th Dist.). Thus, the
June 5, 2026 entry denying Mr. Walker’s motion for reconsideration is itself a nullity and
cannot be reviewed on appeal. Furthermore, the filing of a motion for reconsideration
does not extend the time for filing an appeal from a final judgment. Pitts at 380. An
appeal from the May 21, 2026 entry, the only final appealable order listed on the trial
court’s docket, is untimely.
{¶4} App.R. 4(A) requires a party to file a notice of appeal within thirty days of
the later of entry of the judgment or order appealed or, in a civil case, service of the notice
of judgment and its entry if service is not made on the party within the three-day period in
Rule 58(B) of the Ohio Rules of Civil Procedure.
{¶5} App.R. 3(A) clearly states that the only jurisdictional requirement for filing a
valid appeal is to file it within the time allowed by App.R. 4. The Supreme Court of Ohio
has indicated that failing to comply with the time requirements prescribed in App.R. 4(A)
is a jurisdictional defect, which is fatal to the appeal. Rives v. Lowes, 2025-Ohio-4530, ¶
2 (11th Dist.).
{¶6} “Subject to the provisions of App.R. 4(A)(3), a party who wishes to appeal
from an order that is final upon its entry shall file the notice of appeal required by App.R.
3 within 30 days of that entry.” See App.R. 4(A)(1). Civ.R. 58(B) directs the clerk of
courts to serve the parties with notice of the entry within three days of entering the
judgment upon the journal. If Civ.R. 58(B) service does not occur within three days, the
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Case No. 2026-T-0067
time to appeal does not begin to run until service is made and noted on the appearance
docket. Rives at ¶ 3.
{¶7} In the present case, the trial court issued its entry on May 21, 2026. The
clerk of courts noted on the appearance docket that a copy of the entry was sent to the
parties on that same date. Therefore, pursuant Civ.R. 58(B), the time to appeal began to
run from May 21, 2026. The deadline for Mr. Walker to file an appeal was June 22, 2026.
Thus, his June 29, 2026 notice of appeal was untimely filed.
{¶8} This court is not empowered to extend the time deadline in civil cases.
State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58, 60 (1988); see
also App.R. 14(B).
{¶9} Based upon the foregoing, this appeal is dismissed for lack of a final
appealable order and untimeliness.
ROBERT J. PATTON, J.,
SCOTT LYNCH, J.,
concur.
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Case No. 2026-T-0067
JUDGMENT ENTRY
For the reasons stated in the memorandum opinion of this court, it is ordered that
this appeal is hereby dismissed for lack of a final appealable order and untimeliness.
Pursuant to this entry, any pending motions are hereby overruled as moot.
Costs to be taxed against appellant.
JUDGE EUGENE A. LUCCI
JUDGE ROBERT J. PATTON,
concurs
JUDGE SCOTT LYNCH,
concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate
pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
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Case No. 2026-T-0067