Summary
The Eleventh District Court of Appeals of Ohio dismissed an appeal and cross-appeal arising from a class action concerning alleged unlawful debt-collection practices. The court held that the trial court’s order was not a final appealable order because the order containing the Civ.R. 54(B) determination had been vacated and not all claims and parties had been resolved.
Holdings
- The appeal and cross-appeal had to be dismissed because no final appealable order existed. The trial court had vacated the order being appealed, had not resolved all claims and parties, and no express Civ.R. 54(B) determination remained.
Questions Presented
- Whether the appellate court had jurisdiction over the appeal and cross-appeal when the trial court had vacated the order being appealed and had not disposed of all claims and parties.
- Whether an express Civ.R. 54(B) determination that there was no just reason for delay remained sufficient to create a final appealable order after the certification order was vacated.
Disposition
dismissed
Cases Cited (5)
- Arnold v. Arnold, 11th Dist. Geauga No. 2021-G-0026, 2021-Ohio-4186(followed)
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St. 3d 17 (1989)(followed)
- Viers v. Kubach, 11th Dist. Lake No. 2021-L-015, 2021-Ohio-1135(followed)
- Children's Hosp. Med. Ctr. v. Tomaiko, 11th Dist. Portage No. 2011-P-0103, 2011-Ohio-6838(followed)
- Harrell v. Management and Training Corp., 1st Dist. Hamilton No. C-180417, 2019-Ohio-2816(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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