Glavic v. Weltman Weinberg Reis Co.

Citations

• 2024 Ohio 6029

Syllabus

Dismissal with prejudice; dismissal without prejudice; Civ.R. 60(A); nunc pro tunc; jurisdiction; final appealable order; void. Judgment vacated and dismissed. The trial court erred and was without jurisdiction when it granted the Civ.R. 60(A) motion and issued a nunc pro tunc order modifying its dismissal \without prejudice\ to a dismissal \with prejudice\ after the appellant had already filed a notice of appeal challenging the \without prejudice\ dismissal issued on May 3, 2024. The trial court's actions did not qualify as in aid of the appeal, but rather modified the very substance of the judgment under appeal and was thus inconsistent with the jurisdiction of the appellate court and is therefore void. As a result, those journal entries are void; we have no authority to consider them. And because a trial court's dismissal of a matter without prejudice is not a final, appealable order, this court is without jurisdiction to review the May 3, 2024 journal entry.