# JP Morgan Chase Bank v. Wells Fargo Financial Leasing, Inc.

> Ohio Court of Appeals · December 8, 2008 · 180 Ohio App. 3d 1

URL: https://www.frixlaw.com/law-library/cases/3760770

## Case

- **Full name:** JP MORGAN CHASE BANK, Trustee, Appellee, v. WELLS FARGO FINANCIAL LEASING, INC., Assignee of Telmark, L.L.C., Appellant; Dewine Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** December 8, 2008
- **Citations:** 180 Ohio App. 3d 1; 2008 Ohio 6354; 903 N.E.2d 1249
- **Precedential status:** Published
- **Opinion:** Concurrence by Rogers
- **Judges:** Shaw, Preston, Rogers
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3760770

## Opinion text

Rogers, Judge,
concurring.
{¶ 29} Although I concur with the reasoning of the majority on the issue of timeliness, I would not have reached that issue. Chase’s motion or relief from judgment raises no issues that could not have been raised on appeal. “A Civ.R. 60(B) motion for relief from judgment cannot be used as a substitute for a timely appeal or as a means to extend the time for perfecting an appeal from the original judgment.”
Key v. Mitchell
(1998), 81 Ohio St.3d 89, 90-91 , 689 N.E.2d 548 . See also
State ex rel. McKinney v. Defiance Cty. Court of Common Pleas,
120 Ohio St.3d 277 , 2008-Ohio-6107 , 898 N.E.2d 47 . Therefore, I would sustain the assignment of error, but on different grounds.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3760770. Public record. Not legal advice.