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Louis W. Schoeneman v. Robin Minor

October 24, 2011

LOUIS W. SCHOENEMAN PLAINTIFF-APPELLEE
v.
ROBIN MINOR
DEFENDANT-APPELLANT



CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Probate Division, Case No. 209849

The opinion of the court was delivered by: Farmer, J.

Cite as Schoeneman v. Minor,

JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J, Hon. John W. Wise, J.

OPINION

JUDGMENT: Dismissed

{¶1} This case originated upon the filing of a complaint for the concealment of assets filed by appellee, Louis Schoeneman, against appellant, Robin Minor. In his brief at 13-15, appellee raises the issue as to whether the basis for the appeal, the trial court's March 14, 2011 judgment entry, is a final appealable order. For the following reasons, we find that it is not.

{¶2} Ohio law provides that appellate courts have jurisdiction to review only final orders or judgments. See, generally, Section 3(B)(2), Article IV, Ohio Constitution;

R.C. 2505 .02. If an order is not final and appealable, an appellate court has no jurisdiction to review the matter and it must be dismissed.

{¶3} To be final and appealable, an order must comply with R.C. 2505.02. Subsection (B) provides the following in pertinent part:

{¶4} "(B) An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following:

{¶5} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;

{¶6} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment."

{¶7} A complaint for the concealment of assets was filed on August 31, 2010 wherein appellee requested the appearance of appellant for hearing and costs and attorney fees:

{ΒΆ8} "WHEREFORE, he asks that a writ of citation be issued against Robin A. Minor requiring her to appear before said Court forthwith, then and there to be examined under oath touching the matters set forth in the Complaint, and that such other proceedings may be had in the premises as ...


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