Full Opinion

[Cite as SAC Fin., L.L.C. v. Lohmiller, 2026-Ohio-3992.] IN THE OHIO COURT OF APPEALS FIFTH APPELLATE DISTRICT LICKING COUNTY, OHIO SAC FINANCE, INC. Case No. 2026 CA 00033 Plaintiff - Appellant Opinion and Judgment Entry -vs- Appeal from the Licking County Court of Common Pleas, Case No. 2025 CV 01258 STEPHANIE M. LOHMILLER Judgment: Affirmed Defendant - Appellee Date of Judgment Entry: October 9, 2026 BEFORE: William B. Hoffman; Craig R. Baldwin; Robert G. Montgomery, Judges APPEARANCES: Jon V. Connor, Slovin & Council Co., LPA, for Plaintiff-Appellant; Stephanie M. Lohmiller, Pro se. Hoffman, P.J. {¶1} Plaintiff-appellant SAC Finance Inc. (“SAC”) appeals the April 17, 2026 Judgment Entry of the Licking County Common Pleas Court which denied its Motion to Vacate Dismissal and Set New Trial Date. Defendant-appellee is Stephanie M. Lohiller.1 STATEMENT OF THE CASE {¶2} SAC filed its complaint against Appellee on August 18, 2025. Via a Scheduling Order and Trial Notice filed November 18, 2025, a bench trial was set for March 16, 2026. 1 Appellee did not file a reply brief. On March 10, 2026, SAC filed a motion to continue the trial, which the trial court denied on March 13, 2026. {¶3} On March 16, 2026, the trial court filed an Order Dismissing Case. Therein, the trial court stated plaintiff [SAC] failed to appear for the scheduled bench trial on March 16, 2026. Accordingly, the trial court dismissed the matter for failure to prosecute. The Clerk of Court verified on the order copies were served on the parties and/or their attorneys on March 17, 2026. {¶4} On March 18, 2026, SAC filed a Motion to Vacate Dismissal and Set New Trial Date, pursuant to Civil R. 59(A)(7) and/or Civ.R. 60. SAC’s argument therein was the trial court failed to comply with Civ.R. 41(B)(1); the same argument it now makes to this Court. On April 17, 2026, the trial court filed a Judgment Entry denying SAC’s motion. {¶5} It is from that judgment entry SAC prosecutes this appeal, assigning as error: THE COURT ERRED IN ITS APRIL 17, 2026, JUDGMENT ENTRY BY DENYING SAC’S MOTION TO VACATE DISMISSAL AND SET NEW TRIAL DATE. {¶6} We affirm the trial court’s decision. ANALYSIS {¶7} We note SAC filed its notice of appeal from the trial court’s April 17, 2026 Judgement Entry on May 5, 2026. That is well beyond the 30 day time limit to file a direct appeal of the trial court’s original order dismissing SAC complaints. {¶8} Although we would have found SAC’s argument persuasive had it been timely raised on direct appeal, case law is clear a Civ.R. 60 motion is not a substitute for a direct appeal. Hazelwood Ass’n. v. Helfrich, 2022-Ohio-174, ¶¶ 20-21 (5th Dist.) (Additional authority noted therein omitted). As a result, we overrule SAC’s sole assignment of error. {¶9} The judgment of the Licking County Court of Common Pleas is affirmed. {¶10} Costs assessed to Appellant. By: Hoffman, P.J. Baldwin, J. and Montgomery, J. concur.