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Lancaster v. Mettler

Court of Appeals of Ohio, Eleventh District, Trumbull

December 31, 2019

LAURIE LANCASTER, et al., Plaintiff-Appellee,
v.
KATHY METTLER, Defendant-Appellant.

          Civil Appeal from the Court of Common Pleas, Case No. 2019 CV 01013.

          Michael R. Babyak, (For Plaintiff-Appellee).

          Phillip S. Arbie, (For Defendant-Appellant).

          MEMORANDUM OPINION

          Mary Jane Trapp, J.

         {¶1} On October 21, 2019, appellant, Kathy Mettler, through counsel, filed the instant appeal. Appellee, Laurie Lancaster, filed an action for breach of contract and fraud against Ms. Mettler. A status conference was held, and on October 1, 2019, the Trumbull County Court of Common Pleas issued a "Pre-Trial Discovery & Motions Schedule."

         {¶2} On November 1, 2019, Ms. Lancaster moved this court to dismiss the appeal for lack of a final order. On November 18, 2019, Ms. Mettler opposed the motion.

         {¶3} 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). 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).

         {¶4} R.C. 2505.02(B) defines a final order as one of the following:

         {¶5} "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:

         {¶6} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;

         {¶7} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;

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

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

         {¶10} "(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 ...


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