Koleno v. Koleno

Summary

The Ohio Eleventh District Court of Appeals sua sponte dismissed Christina Kelly Koleno’s appeal for lack of jurisdiction. The court held that the underlying dismissal without prejudice was not a final appealable order because the appellant could potentially refile the complaint.

Holdings

1. An Ohio appellate court may review only final judgments or orders; when the challenged order is not final, the appellate court lacks jurisdiction and must dismiss the appeal.
2. A dismissal without prejudice is not a final appealable order when the party may refile or amend the complaint.

Questions Presented

1. Whether the trial-court order was a final appealable order subject to immediate appellate review.
2. Whether a dismissal without prejudice under Ohio Civ.R. 41(B)(3) constitutes a final appealable order when the plaintiff may refile or amend the complaint.

Disposition

dismissed