In re C.B.

Citations

• 2025 Ohio 5781

Syllabus

Motion to Vacate; Petition for Postconviction Relief; Timely Appeal; App.R. 4; Motion to Strike. A trial court has the inherent authority to vacate a judgment that is void. However, the substance of a motion rather than its caption determines how a court should handle it. A motion to vacate is a petition for postconviction relief where (1) it is filed subsequent to the expiration of the time for direct appeal; (2) claims a denial of a constitutional right; (3) it seeks to void a voidable judgment; and (4) asks for the vacation of the judgment and sentence. A ruling on a motion to strike will not be overturned on appeal in the absence of an abuse of discretion. When a timely notice of appeal is not filed from a final order in compliance with App.R. 4(A), an appellate court does not have jurisdiction to review the issues contained therein.