Court of Appeals of Ohio, Eleventh District, Ashtabula
Appeal from the Court of Common Pleas, Case No. 2017 CV 52.
Sultaana, pro se, Warren Correctional Institution
L Turnbull and Brodie M. Butland, Porter, Wright, Morris
& Arthur, (For Defendant-Appellee).
COLLEEN MARY OTOOLE, J.
Appellant, Hakeem Sultaana, filed a complaint against
appellee, Keefe Supply Company, asserting various breach of
contract and negligence claims. After appellee filed its
answer, appellant filed a motion to compel non-party, Lake
Erie Correctional Institution, to comply with a subpoena
request. The trial court overruled appellant's motion.
Appellant filed a renewed emergency motion to compel
non-party, Lake Erie Correctional, to comply with the
discovery request. Appellant appeals the trial court's
June 29, 2017 denial of the renewed motion to compel.
We must determine if the appealed entry is a final appealable
order. According to Section 3(B)(2), Article IV of the Ohio
Constitution, a trial court's judgment can be immediately
reviewed by an appellate court only if it constitutes a
"final order in the action. In re 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 it,
and the matter must be dismissed. Gen. Acc. Ins. Co. v.
Ins. 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, Civ.R.
Pursuant to R.C. 2505.02(B), there are seven categories of a
"final order, " and if a trial court's judgment
satisfies any of them, it will be deemed a "final
order" and can be immediately appealed. R.C. 2505.02(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:
"(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 both of the following apply:
"(a) The order in effect determines the action with
respect to the provisional remedy and prevents a judgment in
the action in favor of the appealing party with respect to
the provisional remedy.
"(b) The appealing party would not be afforded a
meaningful or effective remedy by an appeal following final
judgment as to all proceedings, ...