Court of Appeals of Ohio, Eleventh District, Trumbull
Appeal from the Court of Common Pleas, Case No. 2019 CV
Michael R. Babyak, (For Plaintiff-Appellee).
Phillip S. Arbie, (For Defendant-Appellant).
Jane Trapp, J.
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
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.
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).
R.C. 2505.02(B) defines a final order as one of the
"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 ...