Court of Appeals of Ohio, Eleventh District, Portage
BANK OF AMERICA, A NATIONAL BANKING ASSOCIATION, AS SUCCESSOR IN INTEREST BY MERGER TO MERRILL LYNCH CREDIT CORPORATION, Plaintiff-Appellee,
LOUIS A. TELERICO, et al., Defendant-Appellant.
Appeal from the Court of Common Pleas, Case No. 2011 CV
A. Freeburg, McFadden & Freeburg Co., L.P.A., (For
J. Lax, (For Defendant-Appellant).
V. GRENDELL, J.
This appeal is taken from a judgment in which the Portage
County Court of Common Pleas granted the motion for summary
judgment of appellee, Bank of America, a National Banking
Association, as Successor in Interest by Merger to Merrill
Lynch Credit Corporation. Appellee sought, inter alia,
judgment on a note and mortgage, specifically, "judgment
against Defendant Louis Telerico in the amount of $3, 661,
288.31" and "an order of foreclosure."
The docket reveals that on August 23, 2011, appellee filed a
foreclosure complaint against appellant, Louis A. Telerico,
as well as others. After appellant answered the complaint and
counterclaimed, appellee moved for summary judgment. The
trial court granted appellee's motion for summary
judgment. Appellee filed an amended complaint on April 23,
2014, and appellant filed an answer and counterclaim to that
complaint. Appellee filed another motion for summary
judgment, which was overruled on March 4, 2015. On August 16,
2016, appellee filed a renewed motion for summary judgment,
and appellant filed a response to the renewed motion. In an
entry dated November 8, 2016, the trial court granted
appellee's motion for summary judgment. On November 30,
2016, the instant appeal ensued.
We must determine whether the order appealed from is a final
appealable order. According to Section 3(B)(2), Article IV of
the Ohio Constitution, a judgment of a trial court can be
immediately reviewed by an appellate court only if it
constitutes a "final order" in the action.
Estate of Biddlestone, 11th Dist. Trumbull No.
2010-T-0131, 2011-Ohio-1299, ¶ 3. If a lower court's
order is not final, a reviewing court has no jurisdiction to
review the matter and the matter must be dismissed. Gen.
Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17,
20 (1989). For a judgment to be final and appealable, it must
satisfy the requirements of R.C. 2505.02 and, if applicable,
Pursuant to R.C. 2505.02(B), there are seven categories of a
"final order, " and if the judgment of the trial
court satisfies any of them, it will be deemed a "final
order" and can be immediately appealed and reviewed by a
court of appeals.
R.C. 2505.02(B) states that:
"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:
"(1) An order that affects a substantial right in an
action that in effect determines the action and prevents a
"(2) An order that affects a substantial right made in a
special proceeding or upon a summary application in an action
"(3) An order that vacates or sets aside a judgment or
grants a new trial;
"(4) An order that grants or denies a provisional remedy
and to which ...