Summary
The Eleventh District Court of Appeals of Ohio dismissed Jeffrey A. Swiecicki’s appeal for lack of jurisdiction. The court held that the appealed magistrate’s decision was not a final appealable order because the trial court had not adopted it, ruled on objections, or entered a judgment determining all claims. The court granted the appellee’s motion to dismiss and taxed costs against the appellant.
Holdings
- A magistrate's decision that has not been adopted by the trial court is not a final appealable order, and the February 6, 2026 magistrate's decision did not satisfy any category of final order under R.C. 2505.02(B).
- The appellate court lacked jurisdiction to review the unadopted magistrate's decision and therefore had to dismiss the appeal.
Questions Presented
- Whether the February 6, 2026 magistrate's decision constituted a final appealable order under Ohio Revised Code 2505.02(B).
- Whether the appellate court had jurisdiction to review a magistrate's decision that had not been adopted by the trial court.
Disposition
dismissed
Cases Cited (4)
- Noble v. Colwell, 44 Ohio St.3d 92, 96 (1989)(followed)
- Radic v. Sternadel, 2025-Ohio-4527, ¶ 2 (11th Dist.)(followed)
- Radic v. Sternadel, 2025-Ohio-4527, ¶¶ 6-7 (11th Dist.)(followed)
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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