2018 Ohio 4264
Ohio Ct. App.2018Background
- Janice Alt owns property adjoining Roger and Jacqueline Bauer; neighbors for ~22 years.
- In July 2013 Alt alleges Roger Bauer and a family member entered her land, marked it with paint and drove rebar into the ground (trespass allegation).
- In May–June 2014 the Bauers obtained a township zoning permit for a six‑foot fence; permit application was incomplete, the finished fence was longer than applied for, and county staff later recommended permit revocation.
- Alt sued the Bauers in December 2015 for nuisance and trespass seeking damages and injunctive relief; the Bauers counterclaimed for trespass, nuisance, and injunction alleging Alt or her agent had trespassed and her fences encroached/violated zoning.
- The Bauers moved for summary judgment on Alt’s complaint and dismissed their nuisance counterclaim; the trial court granted summary judgment for the Bauers on October 25, 2017 and later added Civ.R. 54(B) language stating “There is no just cause for delay.”
- The appellate court held it lacked jurisdiction because the trial court’s ruling was not a final, appealable order: unresolved counterclaims remained and the Civ.R. 54(B) language could not make a nonfinal order final.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court's grant of summary judgment was a final, appealable order | Alt contended the summary judgment disposed of her claims and was appealable | Bauers relied on the trial court's Civ.R. 54(B) language to treat the order as final | Not final/appealable — unresolved counterclaims remain; Civ.R. 54(B) language cannot render a nonfinal order final |
| Whether summary judgment on Alt's claims was erroneously granted (merits) | Alt argued triable issues existed (e.g., trespass facts, permit impropriety, fence placement/maintenance) | Bauers argued summary judgment was proper on Alt’s claims | Appellate court did not reach merits due to lack of jurisdiction; appeal dismissed |
Key Cases Cited
- State ex rel. White v. Cuyahoga Metro. Hous. Auth., 79 Ohio St.3d 543 (jurisdictional review and final order requirement)
- General Acc. Ins. Co. v. Insurance of North America, 44 Ohio St.3d 17 (appellate jurisdiction requires final order)
- Int'l Brotherhood of Electrical Workers, Local Union No. 8 v. Vaughn Indus., LLC, 116 Ohio St.3d 335 (Civ.R. 54(B) language and multiple‑claim actions)
- Noble v. Colwell, 44 Ohio St.3d 92 (mere invocation of Civ.R. 54(B) does not create finality)
- Portco, Inc. v. Eye Specialists, Inc., 173 Ohio App.3d 108 (partial final orders not appealable when pending counterclaims arise from same facts)