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Shaheed v. Fifth Third Mortgage Co.

Court of Appeals of Ohio, Eighth District

June 27, 2013

LAUREN SUHAYLAH SHAHEED, ET AL. DEFENDANTS-APPELLANTS
v.
FIFTH THIRD MORTGAGE COMPANY PLAINTIFF-APPELLEE

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-736939

ATTORNEYS FOR APPELLANTS Gary Cook Michael Aten Westgate Towers, Suite

ATTORNEYS OR APPELLEE Kriss D. Felty David M. Gauntner Felty & Lembright Company, L.P.A.

BEFORE: Blackmon, J., Rocco, P.J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} Sua Sponte, we dismiss the appeal for lack of a final, appealable order. Appellant Lauren S. Shaheed appeals from the alleged denial of her Civ.R. 60(B) motion for relief from a default judgment for a decree of foreclosure issued in favor of plaintiff-appellee Fifth Third Mortgage Company. However, pursuant to Civ.R. 58(A), it does not appear in the record that there was ever a judgment entry journalizing a denial of said motion. Thus, there is no final, appealable order until the judgment entry has been filed journalizing the decision Shaheed purports to appeal. See App.R. 4(A) and (C); see generally Cleveland v. Trzebuckowski, 85 Ohio St.3d 524, 1999-Ohio-285, 709 N.E.2d 1148; Columbus v. Triplett, 10th Dist. No. 99AP-368, 1999 Ohio App. LEXIS 5983 (Dec. 14, 1999).

{¶2} This cause is dismissed.

It is ordered that appellee recover from appellants costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the ...


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