Swiecicki v. Swiecicki

2026-Ohio-1229 · Ohio Court of Appeals, Eleventh Appellate District, Portage County · April 6, 2026 · No. 2026-P-0012

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

  1. 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).
  2. The appellate court lacked jurisdiction to review the unadopted magistrate's decision and therefore had to dismiss the appeal.

Questions Presented

  1. Whether the February 6, 2026 magistrate's decision constituted a final appealable order under Ohio Revised Code 2505.02(B).
  2. 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.

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