Jasko v. Sirna Constr., Inc.

Summary

The Eighth District Court of Appeals of Ohio dismissed Lake Erie Solutions, LLC's appeal for lack of a final, appealable order. The court held that the default judgment against fewer than all defendants lacked the mandatory Civ.R. 54(B) determination that there was no just reason for delay, and that the subsequent dismissal without prejudice dissolved the interlocutory orders. Accordingly, the court did not reach the merits of Lake's challenge to the default judgment.

Holdings

1. Although a judgment overruling a Civ.R. 60(B) motion generally is a final, appealable order, the denial is not final when the underlying judgment from which relief is sought is itself nonfinal.
2. The default judgment against Lake and EJW was not a final, appealable order because multiple claims and defendants remained unresolved and the entry lacked the mandatory Civ.R. 54(B) language stating that there was no just reason for delay.
3. When the trial court dismisses the entire action without prejudice and otherwise than on the merits, pending interlocutory orders, including a prior default judgment lacking Civ.R. 54(B) language, are dissolved and cannot support appellate jurisdiction.

Questions Presented

1. Whether the trial court's denial of Lake's motion to vacate the default judgment was a final, appealable order when the underlying default judgment adjudicated claims against fewer than all defendants without Civ.R. 54(B) language.
2. Whether the trial court's subsequent dismissal without prejudice for failure to prosecute dissolved the interlocutory default judgment and eliminated any final, appealable order for appellate review.

Disposition

dismissed