State v. Hopkins

In State v. Hopkins, 3d Dist. No. 17-08-01, 2008 Ohio 2611, the Court found that when a trial court filed an entry labeled "nunc pro tunc entry," which corrected an earlier judgment the Court found to not be a final appealable order, it was not a true nunc pro tunc entry that applied retroactively, but instead, it was the original judgment entry from which an appeal could be made. The trial court in Hopkins had filed a corrected entry on December 17, 2007, as a result of this Court's earlier ruling that a prior entry was not a final appealable order. However, the trial court subsequently filed an entry nunc pro tunc to correct the spelling of Hopkins' name. Consequently, this Court found the second appeal to be barred because the later true nunc pro tunc entry was made by the trial court to correct the Appellant's name, and the Appellant failed to file the appeal from the time of the original entry.