 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Breedlove3/16/1988
945), 145 Ohio St. 5, 30 O.O. 238, 60 N.E.2d 483, 158 A.L.R. 1201, paragraph two of the syllabus; McKay v. McKay (1985), 24 Ohio App.3d 74, 75, 24 OBR 129, 130, 493 N.E.2d 317, 318.
In National Life Ins. Co. v. Kohn, supra, paragraph three of the syllabus, the Supreme Court ruled that when a court exceeds its power in entering a purported nunc pro tunc order, that order is invalid. We hold that the Entry Nunc Pro Tunc is invalid. We note that among the recitals made over the trial judge's signature are two that, standing by themselves, could be the cognizable content of a valid entry nunc pro tunc: the recitals that the court found the defendant guilty and that the court ordered a $100 fine, payment of court costs, and a one-yeasdriving suspension with exceptions for travelling to and from work. Nevertheless, their presence in the middle of an order that has no validity independent of those two recitals cannot save the document. The document is of seamless construction, and its parts are not severable. It is not the function of this court or of any party or counsel, or of any other interested person, to pick and choose the valid parts from among all the invalid parts.
The Entry Nunc Pro Tunc is stricken from the records of this court. The record on appeal does not contain a final appealable order under the laws of Ohio. This appeal is dismissed.
Appeal dismissed.
DOAN and KLUSMEIER, JJ., concur.
Page 1 2 3 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|