Bentz v. Park Natl. Corp.

Summary

The Fifth District Court of Appeals of Ohio dismissed the appeal in Bentz v. Park National Corporation for lack of a final appealable order. The trial court had granted summary judgment on the Electronic Funds Transfer Act claim but had not resolved the breach-of-contract claim or damages relating to a default judgment against another defendant, and it had not included the required Civ.R. 54(B) language. The appellate court therefore did not reach the merits of the assignments of error.

Holdings

1. A trial-court judgment that adjudicates fewer than all claims in a multi-claim action is not final and appealable unless it includes an express determination that there is no just reason for delay under Civ.R. 54(B).
2. An Ohio appellate court must dismiss an appeal when the order appealed from is not final and appealable, even if the parties do not raise the jurisdictional defect.

Questions Presented

1. Whether the trial court's June 17, 2025 judgment entry was a final appealable order when it failed to dispose of the breach-of-contract claim.
2. Whether the absence of express Civ.R. 54(B) language stating that there was no just reason for delay deprived the appellate court of jurisdiction.

Disposition

dismissed