Plaza v. Roberts

Citations

• 2024 Ohio 3021

Syllabus

Complaint failure to state a claim Civ.R. 12(B)(6) motion for relief from judgment Civ.R. 60(B) timeliness App.R. 4 bootstrapping. Appeal dismissed as untimely where the appellant failed to timely appeal an order dismissing his complaint with prejudice pursuant to Civ.R. 12(B)(6). While the appellant filed a Civ.R. 60(B) motion seeking relief from the order, and his appeal was timely from the denial of that motion, a Civ.R. 60(B) motion is not a substitute for an appeal. Where each of the assignments of error went solely to the trial court's original dismissal of the appellant's complaint, the assignments were improperly \bootstrapped\ into this appeal. We have no jurisdiction to consider \bootstrapped\ assignments of error.