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COLLEY v. BAZELL

Nos. 80-425 and 80-427.

64 Ohio St. 2d 243 (1980)

COLLEY ET AL., APPELLANTS AND APPELLEES, v. BAZELL, APPELLEE AND APPELLANT.

Supreme Court of Ohio.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Lappen, Lilley, Kernen & Co., L.P.A., Mr. Will Kernen and Mr. Robert L. Lilley, for appellants and appellees.

Walker, Mollica & Gall Co., L.P.A., Mr. Steven T. Sloan, Messrs. Gallagher, Sharp, Fulton, Norman & Mollison and Mr. George W. Stuhldreher, for appellee and appellant.

DOWD, J.

Initially, we consider and reject the claim advanced by the plaintiffs that the appeal of Bazell from the denial of his application for Civ. R. 60 relief should have been dismissed by the Court of Appeals because the notice of appeal was filed on May 9, 1978, more than 30 days following the granting of the default judgment on February 13, 1978. The plaintiffs correctly observe that the time for filing a notice of appeal from a judgment is not tolled by either...

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