902 Carp Loveland, L.L.C. v. Potts

Summary

The Ohio Twelfth District Court of Appeals dismissed Nicole Potts's appeal for lack of a final appealable order. The underlying forcible entry and detainer action had been dismissed without prejudice, and the appellate court held that the dismissal did not determine or affect Potts's alleged lifelong lease. The court therefore did not reach the merits of the lease's enforceability.

Holdings

1. An order adopting a decision that dismisses a forcible entry and detainer action without prejudice is not a final appealable order when it does not determine the parties' rights or affect a substantial right.

Questions Presented

1. Whether the municipal court's adoption of a magistrate's decision dismissing the forcible entry and detainer action without prejudice was a final appealable order under R.C. 2505.02.
2. Whether the appellate court had jurisdiction to review the magistrate's findings concerning the enforceability of Potts's alleged lifelong lease.

Disposition

dismissed