Court of Appeals of Ohio, Eleventh District, Lake
ESTATE OF: PAUL P. ANDOLSEK, DECEASED
Appeal from the Court of Common Pleas, Probate Division, Case
No. 14 ES 0117.
Hinton, Hanahan & Hinton, LLC, (For Appellant).
Russell J. Meraglio, Reminger Co., L.P.A., (Appellee).
V. GRENDELL, J.
On September 23, 2016, appellant, Yolanda Andolsek, presented
a lis pendens certification to the Lake County Probate Clerk
of Courts against property located in Cuyahoga County. The
Lake County Probate Clerk certified the lis pendens.
Appellant recorded the lis pendens with the Cuyahoga County
Recorder. In May of 2017, appellee, Russell J. Meraglio, Jr.,
Administrator of the Estate of Paul P. Andolsek, moved the
trial court to cancel the lis pendens. In an October 31, 2017
entry, the trial court ordered that the lis pendens be
cancelled and removed from the Recorder's records. In
that entry, the trial court also discussed the request for a
vehicle in the estate and ordered that the matter would be
set for hearing upon the receipt of the amended motion to
release vehicle. The instant appeal ensued.
Appellee filed a motion to dismiss the appeal stating that
the appealed entry does not constitute a final appealable
order. Appellee alleges that the entry deals with multiple
parties and two intertwined matters of the estate, and he
contends that, since the entry does not resolve all of the
issues, it is not final and appealable.
Appellant filed a response in opposition to appellee's
motion to dismiss. Appellant claims that the removal of the
lis pendens "affects a substantial right in an action
and in effect determines the action and prevents a
Appellee filed a reply in support of his motion to dismiss.
He alleges that there is no final appealable order because no
substantial right was affected and appellant has other
remedies available to obtain the property.
Since this court may only entertain appeals from final
judgments, we must determine whether a final appealable order
exists. Noble v. Colwell, 44 Ohio St.3d 92, 96
(1989). According to Section 3(B)(2), Article IV of the Ohio
Constitution, a trial court's entry can only be
immediately reviewed on appeal if it constitutes a
"final order in the action. Wells Fargo Bank v.
Lawes, 11th Dist. Geauga No. 2014-G-3244,
2015-Ohio-1211, ¶ 6. If it is not final, then an
appellate court has no jurisdiction to review it, and the
matter must be dismissed. Gen. Acc. Ins. Co. v. Ins. Co.
of N. Am., 44 Ohio St.3d 17, 20 (1989). A judgment that
leaves issues unresolved and contemplates some further action
is not a final appealable order. In re Estate of
Southard, 192 Ohio App.3d 590, 594 (2011). A trial
court's order is final and appealable, if it meets the
requirements of R.C. 2505.02 and, if applicable, Civ.R.
54(B). Lawes, supra, at ¶ 6.
R.C. 2505.02(B) defines a "final order and sets forth
seven categories of appealable judgments, and if the trial
court's judgment satisfies any of them, it will be deemed
a "final order and can be immediately appealed and
reviewed this court.
R.C. 2505.02(B) states:
"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 ...