State v. Allenbaugh, 031819 OHCA11, 2019-A-0017

Docket Nº:2019-A-0017
Opinion Judge:MATT LYNCH, J.
Party Name:STATE OF OHIO, Plaintiff-Appellee, v. MARK H. ALLENBAUGH, Defendant-Appellant.
Attorney:Michael Franklin, Ashtabula City Solicitor, and Lori B. Lamer, Assistant City Solicitor (For Plaintiff-Appellee). Mark H. Allenbaugh, pro se, (Defendant-Appellant).
Judge Panel:THOMAS R WRIGHT, PJ, CYNTHIA WESTCOTT RICE, J, concur.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-929

STATE OF OHIO, Plaintiff-Appellee,

v.

MARK H. ALLENBAUGH, Defendant-Appellant.

No. 2019-A-0017

Court of Appeals of Ohio, Eleventh District, Ashtabula

March 18, 2019

Criminal Appeal from the Ashtabula Municipal Court, Case No. 2017 TRD 04031.

Michael Franklin, Ashtabula City Solicitor, and Lori B. Lamer, Assistant City Solicitor (For Plaintiff-Appellee).

Mark H. Allenbaugh, pro se, (Defendant-Appellant).

MEMORANDUM OPINION

MATT LYNCH, J.

{¶1} Appellant filed a pro se notice of appeal on January 28, 2019, from the trial court's entry of December 10, 2018 finding him guilty of speeding and the court's December 31, 2018 entry denying his motion for new trial.

{¶2} For the following reasons, this court lacks jurisdiction to consider the appeal.

{¶3} R.C. 2505.02(B) defines the types of orders that constitute a final appealable order:

{¶4} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;

{¶5} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;

{¶6} "(3) An order that vacates or sets aside a judgment or grants a new trial;

{¶7} "(4) An order that or denies a provisional remedy and to which both of the following apply:

{¶8} "(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.

{¶9} "(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.

{¶10} "(5) An order that determines that an action may or may not be maintained as a class action; * * *."

{¶11} In criminal cases, pursuant to R.C. 2953.02, a court of appeals only...

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