Summary
The Ohio Court of Appeals dismissed the appeal sua sponte for lack of a final appealable order. It held that the denial of a motion to dismiss is not a final appealable order and that the inclusion of Civ.R. 54(B) language does not transform the entry into one.
Topics
Practice areas
Questions Presented
- Whether the probate court's denial of the appellant's motion to dismiss and motion to strike constituted a final appealable order under R.C. 2505.02.
- Whether the inclusion of Civ.R. 54(B) language transformed an otherwise nonfinal order into a final appealable order.
Holdings
- The denial of a motion to dismiss a complaint is not a final appealable order under Ohio law.
- The mere inclusion of Civ.R. 54(B) language stating that there is no just reason for delay does not transform a nonfinal order into a final appealable order.
Key quotations
“Thus, this court is without jurisdiction to consider this appeal, and this appeal is hereby, sua sponte, dismissed for lack of a final appealable order.” (¶ 4)
Factual background
The appellees filed a complaint against Kathy Shepherd, also known as Kathy Sason, individually and as executor of Frank Sason, Jr.'s estate. The probate court denied Shepherd's motion to strike the complaint and her motion to dismiss. Although the court included Civ.R. 54(B) language, the appellate court concluded that the order was not final and appealable.
Procedural history
The Lake County Court of Common Pleas, Probate Division, denied the appellant's motions and included Civ.R. 54(B) language stating that there was no just reason for delay. The appellant appealed, and the Court of Appeals sua sponte dismissed the appeal for lack of a final appealable order.