Ally Bank v. Bey, 2020 Ohio 5093

Ally Bank sued Wayne Brown Bey for money judgment and recovery of a vehicle, alleging default on a retail installment sales contract.
Ally moved for an order of possession under R.C. 2737.03 and 2737.07(B), supported by an affidavit from a replevin specialist.
A magistrate found probable cause and the trial court adopted the magistrate's decision, ordering seizure of the vehicle upon Ally's posting of bond (twice the vehicle's value).
Bey did not file objections to the magistrate's decision; Ally posted bond and a writ of replevin issued.
Bey appealed the order of possession; the court concluded the order did not resolve permanent possession or damages and dismissed the appeal for lack of jurisdiction.

Issue	Plaintiff's Argument (Ally)	Defendant's Argument (Bey)	Held
Whether an order of possession under R.C. 2737.07(B) is a final, appealable order under R.C. 2505.02	The order is not a final, appealable order because it is a preliminary/provisional remedy and does not finally determine possession or damages	Bey sought appellate review of the trial court's order (contending error in granting possession)	The order is not final or appealable; appeal dismissed for lack of jurisdiction
If treated as a provisional remedy, whether the order "determines the action with respect to the provisional remedy" or deprives Bey of a meaningful post-judgment remedy	The order does not finally determine the action as to the provisional remedy and does not prevent a meaningful remedy on final judgment	Bey argued he was entitled to immediate appellate review of the possession order's merits	Court held both statutory prongs for R.C. 2505.02(B)(4) were not met; appeal premature

Gen. Acc. Ins. Co. v. Ins. of N. Am., 44 Ohio St.3d 17 (1989) (framework for appellate jurisdiction and final-judgment requirement)
First Fed. Savings & Loan Assn. of Warren v. A & M Towing & Rd. Serv., Inc., 127 Ohio App.3d 46 (1998) (describing replevin preliminary possession procedure)