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Sultaana v. Keefe Supply Co.

Court of Appeals of Ohio, Eleventh District, Ashtabula

November 13, 2017

HAKEEM SULTAANA, Plaintiff-Appellant,
v.
KEEFE SUPPLY COMPANY, et al., Defendant-Appellee.

         Civil Appeal from the Court of Common Pleas, Case No. 2017 CV 52.

          Hakeem Sultaana, pro se, Warren Correctional Institution (Plaintiff-Appellant).

          Tracey L Turnbull and Brodie M. Butland, Porter, Wright, Morris & Arthur, (For Defendant-Appellee).

          MEMORANDUM OPINION

          COLLEEN MARY OTOOLE, J.

         {¶1} 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.

         {¶2} 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. 54(B).

         {¶3} 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) states:

         {¶4} "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} "(3) An order that vacates or sets aside a judgment or grants a new trial;

         {¶8} "(4) An order that grants or denies a provisional remedy and to which both of the following apply:

         {¶9} "(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.

         {¶10} "(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, ...


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