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Reel v. Reel

Court of Appeals of Ohio, Eleventh District

June 24, 2013

ROGER R. REEL, Plaintiff,
v.
CLAUDIA G. REEL, Defendant-Appellant. KATHRYN M. REEL, Plaintiff-Appellee,

Civil Appeal from the Trumbull County Court of Common Pleas, Case No. 2011 CV 92.

Thomas E. Schubert, (For Plaintiff-Appellee).

William P. McGuire, William P. McGuire Co., L.P.A., (For Defendant-Appellant).

MEMORANDUM OPINION

DIANE V. GRENDELL, J.

{¶1} Defendant-appellant, Claudia G. Reel, appeals the Judgment of the Trumbull County Court of Common Pleas, denying her motion for summary judgment with respect to her claim of adverse possession, and granting summary judgment in favor of plaintiff-appellee, Kathryn M. Reel, with respect to her claim for partition. For the following reasons, we dismiss the appeal for lack of a final order.

{¶2} On January 11, 2011, Roger R. Reel and Kathryn M. Reel filed a Complaint in Partition against Claudia G. Reel. It was alleged that, with respect to real property at 4626 North Park Avenue Extension, Cortland, Ohio, the parties were tenants in common, with the plaintiffs owning a one-half undivided interest therein and the defendant owning the same. In addition to an order of partition, the plaintiffs sought an accounting, based on the allegation that the defendant, "without their consent, has removed timber from said lands and sold some."

{¶3} On March 8, 2011, Claudia G. Reel filed her Answer and Counterclaim for adverse possession.

{¶4} On February 10, 2012, a Notice of Death with respect to plaintiff Roger Reel was filed.

{¶5} On July 31, 2012, Kathryn Reel, the owner of Roger Reel's one-half interest by survivorship deed, filed a Motion for Summary Judgment with respect to the partition and accounting claims.

{¶6} On August 15, 2012, Claudia Reel filed a Motion for Summary Judgment with respect to the counterclaim.

{¶7} On September 12, 2012, the trial court granted Kathryn Reel's Motion for Summary Judgment, appointed a commissioner to make a partition of the subject property, and ordered an accounting of rents and profits during the period of the parties' co-tenancy commencing September 11, 2001.

{¶8} On September 21, 2012, the trial court denied Claudia Reel's Motion for Summary Judgment.

{¶9} On October 11, 2012, Claudia Reel filed her Notice of Appeal.

{¶10} "If the court of common pleas finds that the plaintiff in an action for partition has a legal right to any part of the estate, it shall order partition of the estate in favor of the plaintiff or all interested parties, appoint one suitable disinterested person to be the commissioner to make the partition, and issue a writ of partition." R.C. 5307.04. "A writ of partition issued under section 5307.04 of the Revised Code may be directed to the sheriff of any of the counties in which any part of the estate lies and shall command the sheriff that, by the oaths of the commissioner or commissioners, the sheriff shall cause to be set off and divided ...


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