Court of Appeals of Ohio, Eleventh District, Lake
Appeal from the Lake County Court of Common Pleas, Case No.
2018 CV 000726.
William T. Wuliger, Wuliger & Wuliger LLC, 2003 St. Clair
Avenue, Cleveland, OH 44115 (For Plaintiff-Appellant).
Richard M. Bain, Meyers, Roman, Friedberg & Lewis, 28601
Chagrin Boulevard, Suite 600, Cleveland, OH 44122 (For
TIMOTHY P. CANNON, J.
On January 9, 2019, appellant, Rockefeller Oil Company, LLC,
through counsel, filed a notice of appeal from a Lake County
Court of Common Pleas entry.
This appeal arises from an action filed by appellant against
appellee, Orwell-Trumbull Pipeline Co., LLC, asserting claims
for breach of quasi-contract and unjust enrichment. Appellant
alleged that appellee, under the receiver's management
and control, is profiting from the use of appellant's
natural gas lines without paying compensation.
Appellee filed a motion to stay proceedings claiming that
appellant could only pursue claims against it by first
seeking leave of the Receivership Court since its assets were
placed in receivership and subject to the jurisdiction of
that court. The trial court granted appellee's motion to
stay on October 31, 2018. Appellant then filed a motion to
amend the court's order to either include language to
allow an interlocutory appeal or for a motion to transfer the
case to the Receivership Court. The trial court denied that
motion on December 10, 2018, and the instant appeal ensued.
On February 27, 2019, this court issued an entry indicating
that we may not have jurisdiction to consider this appeal and
ordered appellant to show cause why it should not be
dismissed. In response, appellant argues that the entry on
appeal is final because if it is not immediately appealed, it
would foreclose appropriate relief in the future. Appellant
also posits that it has a substantial right to use and profit
from its property, and if appellant waits to appeal the trial
court order until after the receivership is terminated, it
will be precluded from a meaningful and effective remedy.
Appellee filed a brief in opposition arguing that the order
staying the matter is not final because it is not foreclosing
on appropriate future relief and is not affecting a
substantial right because appellant can petition the
Receivership Court for leave to pursue its claims against
Under 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. Germ v. Fuerst, 11th
Dist. Lake No. 2003-L-116, 2003-Ohio-6241, ¶ 3. If a
lower court's order is not final, then an appellate court
does not have 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).
R.C. 2505.02(B) defines a "final order and sets forth
seven categories of appealable judgment, 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:
"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 ...