2018 Ohio 4779
Ohio Ct. App.2018Background
- City of Cleveland sued Ohio challenging Senate Bill 331 (S.B. 331) as violating the Ohio Constitution’s single‑subject rule; suit filed March 20, 2017.
- Municipalities moved to intervene as plaintiffs and were permitted; CTIA (industry group) moved to intervene as a defendant in April 2017 and the trial court denied that motion on June 20, 2017.
- Parties litigated the single‑subject claim; on December 6, 2017 the trial court found S.B. 331 violated the single‑subject rule and invalidated several statutory provisions.
- CTIA filed a notice of appeal on January 3, 2018, purporting to appeal both the June 20, 2017 denial of intervention and the December 6, 2017 judgment.
- This court treated CTIA’s appeal as a companion to the State’s appeal and ordered briefing on whether the June 20 order was a final, appealable order; CTIA argued it was not, the State argued it was.
- The court held the June 20, 2017 order denying intervention was a final, appealable order under R.C. 2505.02 and therefore CTIA’s January 3, 2018 notice of appeal was untimely; appeal dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s June 20, 2017 order denying CTIA’s motion to intervene was a final, appealable order | CTIA: denial was interlocutory and merged into the December 6 final judgment, so appeal of June order is not required within 30 days | State: June 20 order affected CTIA’s substantial rights and was a denial of a provisional remedy, thus final and appealable; CTIA’s appeal was untimely | Held: June 20 order was final and appealable under R.C. 2505.02(B)(1) and (B)(4); CTIA’s appeal was untimely and court lacked jurisdiction; appeal dismissed |
Key Cases Cited
- Gehm v. Timberline Post & Frame, 861 N.E.2d 519 (Ohio 2007) (finality requirement and analysis under R.C. 2505.02 for appealability)
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 540 N.E.2d 266 (Ohio 1989) (orders must be final to be reviewable on appeal)
- State ex rel. Scruggs v. Sadler, 776 N.E.2d 101 (Ohio 2002) (interaction of R.C. 2505.02 and Civ.R. 54(B) for final appealable orders)
- State v. Upshaw, 852 N.E.2d 711 (Ohio 2006) (application of R.C. 2505.02(B)(4) provisional‑remedy framework)
- Gen. Elec. Capital Corp. v. Golf Club of Dublin, LLC, 932 N.E.2d 401 (Ohio Ct. App. 2010) (purpose of treating certain preliminary decisions as final to prevent irreparable harm)