Legal Question in Appeals and Writs in Ohio

Default and Judical discretion

The opponent asked for 60 days on the 2nd of August 2006 and was granted until the 18th of Sept. On the 18th Sept, he asked for more time and was granted until the 16th October.

The 16th October passed and no request or answer! Finally on the 28th December, (21/2months after default) he asked for more time AND IT IS GRANTED! His excuse was he needed more time, then he should have asked for it at the appropriate time as he did several times before. This isn't within judicial discretion, is it? The docket is clear! I received this motion at 4:00PM on the 3rd Jan and I responded, (certified letter, return receipt) on the 4th Jan. I live 150 miles away. My objection was denied because they said they received the motion on the 12th Jan, (although the post office says the 9th!). I always believed that if you send a motion certified mail, the date you sent it to the post office is the filing date, is this correct? This is in appeals court.

Thanks


Asked on 2/22/07, 8:21 am

1 Answer from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Default and Judical discretion

It is the date on which it is received and filed by the court, not when you send it. Why are trying to do an appeal without a lawyer???? That is a huge undertaking with no knowledge to support it!!

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Answered on 2/22/07, 4:17 pm


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