Brigadier Constr. Servs., L.L.C. v. JLP Glass Prods.
2012 Ohio 2314
Ohio Ct. App.2012Background
- Brigadier Construction Services, LLC sued JLP Glass Products, its owner Ponyicky, and employee Long for breach of a settlement agreement and conversion related to the Louis Stokes VA Medical Center project.
- The trial court granted summary judgment on Counts I and II against JLP Glass and Ponyicky, and denied Count III (conversion) as to Long.
- Brigadier moved to amend to drop Count III and name only JLP Glass and Ponyicky; the court denied, then Brigadier dismissed Count III with prejudice, leaving Counts I and II and any claims against Long pending.
- JLP Glass moved for relief from judgment under Civ.R. 60(B); Brigadier opposed; the trial court denied relief without a hearing.
- The court of appeals concluded it lacked jurisdiction because the dismissal of Count III with prejudice did not create a final, appealable order under Civ.R. 54(B) since Long’s claims remained.
- The majority dismissed the appeal for lack of a final order, while a dissent argued Pattison v. W.W. Grainger, Inc. should permit a final appealable order under these circumstances.]
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dismissal with prejudice of Count III created a final appealable order. | Brigadier argues the dismissal with prejudice cleared all adjudicated claims, creating finality. | Defendants contend remaining claims against Long preclude finality under Civ.R. 54(B). | No final appealable order; appellate jurisdiction lacking. |
| Whether Pattison v. W.W. Grainger governs finality when a plaintiff dismisses remaining unadjudicated claims with prejudice. | Pattison supports a final order when dismissal is with prejudice after attempts to amend. | Pattison should not apply where dismissal with prejudice eliminates risk of refile. | Pattison does not apply to this posture; no final appealable order. |
| Whether the lack of a Civ.R. 54(B) final order bars appellate review. | N/A (Brigadier seeks merits if finality is reached). | Without Civ.R. 54(B) language, judgment remains interlocutory. | Appeal dismissed for lack of final, appealable order. |
Key Cases Cited
- Pattison v. W.W. Grainger, Inc., 120 Ohio St.3d 142 (Ohio Supreme Court 2008) (final appealable order rules for Civ.R. 41(A) dismissal with prejudice; Pattison rationale discussed)
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (Ohio Supreme Court 1989) (finality and Civ.R. 54(B) considerations for judgments)
- Goldney v. Byrd, 2007-Ohio-1985 (8th Dist. No. 88285) (Civ.R. 54(B) interlocutory vs. final judgments)
- Perritt v. Nationwide Mut. Ins. Co., 2004-Ohio-4706 (10th Dist. No. 03AP-1008) (discusses finality when partial adjudication exists)