Brewer v. Hope Timber Pallet & Recycling, Inc.
2011 Ohio 533
| Ohio Ct. App. | 2011Background
- Brewer sued Hope Timber Pallet & Recycling, Inc. for an intentional tort arising at its facility.
- Hope Timber moved for summary judgment; the trial court denied it on January 25, 2010.
- Hope Timber moved for reconsideration on May 13, 2010; the court granted reconsideration on June 9, 2010.
- On June 17, 2010, the court issued a judgment denying reconsideration, noting remaining material facts and citing Kaminski and Stetter as controlling for the remaining issue under R.C. 2745.01(C).
- The appellate court held the June 9 and June 17 entries were not final appealable orders and dismissed the appeal for lack of a final, appealable order.
- The court concluded the appeal was improperly brought because a final order had not been entered under Civ.R. 54(B) or RC 2505.02.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the June 9, 2010 order was a final, appealable order. | Brewer argues the June 9 order effectively granted summary judgment and disposed of the case. | Hope Timber contends the June 9 order was not final; it contemplated entry of a separate judgment. | Not final; no Civ.R. 54(B) finality language or true termination of the case. |
| Whether the June 17, 2010 judgment was a final order subject to review. | Brewer asserts the June 17 judgment completed the disposition. | Hope Timber argues no finality because there was not a final Civ.R. 54(B) order. | Not final; entry clarifies remaining issues for trial and lacks finality. |
| Whether the appeal should be dismissed for lack of a final appealable order. | Brewer seeks review despite a non-final order. | Hope Timber contends no final order exists to support a proper appeal. | Appeal dismissed for lack of a final, appealable order. |
Key Cases Cited
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (finality framework for determining reviewability of interlocutory orders)
- Kaminski v. Metal & Wire Prods., Co., 2010-Ohio-1027 (2010) (controlling for material-fact analysis under recent Supreme Court decisions)
- Stetter v. R.J. Corman Derailment Servs., L.L.C., 2010-Ohio-1029 (2010) (reliance on updated case law to determine remaining issues for trial)