Dalliance Real Estate Inc. v. Covert
2013 Ohio 538
Ohio Ct. App.2013Background
- This appeal concerns a Geauga County trial court judgment about transfer of real property and related rights between Dalliance Real Estate Inc. et al. and Timothy Covert.
- The trial court held in favor of appellees on several claims, including ejectment, trespass, injunction, and breach of contract related to a water well and a common driveway.
- The court allowed discontinuation of appellees' water lines to Covert, declared a license agreement void, enjoined Covert from using a common driveway, and found Covert had trespassed on appellees' property.
- Damages for the trespass were to be determined at a later hearing, and the judgment did not resolve damages at that time.
- The judgment included Civ.R. 54(B) language but there was no final, appealable order because damages remained unresolved.
- The appellate court sua sponte dismissed the appeal for lack of a final appealable order to avoid piecemeal review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment is a final, appealable order. | Covert argues finality exists. | Appellees contend damages unresolved prevent finality. | Not final; damages unresolved means not appealable. |
| Does Civ.R. 54(B) language render a non-final order final? | Civ.R. 54(B) language should create finality. | Boilerplate language cannot cure lack of finality. | No; Civ.R. 54(B) language cannot convert non-final order into final. |
| Should the appeal be dismissed to avoid piecemeal review and promote judicial economy? | Separate appeals may be efficient if final on some issues. | All related issues should be decided together. | Appeal sua sponte dismissed to allow consolidated consideration. |
Key Cases Cited
- Bristol Twp. Bd. of Trustees v. Haney, 11th Dist. No. 2010-T-0084, 2010-Ohio-3965 (2010) (finality depends on rights affected and whether a judgment is final)
- State ex rel. White v. Cuyahoga Metro. Hous. Auth., 79 Ohio St.3d 543, 684 N.E.2d 72 (1997) (damages deferral alone does not render final)
- Ohio & Vicinity Regional Council of Carpenters v. McMarty, 11th Dist. No. 2005-T-0063, 2006-Ohio-2019 (2006) (damages for an uncertain amount not final)
- 134 W. 46th St. Holdings LLC v. Myers, 11th Dist. No. 2012-A-0009, 2012-Ohio-4469 (2012) (order granting judgment but not ruling on damages not final)
- Deutsche Bank Natl. Trust Co. v. Germano, 11th Dist. No. 2010-P-0081, 2011-Ohio-3122 (2011) (avoid piecemeal appeals where adjudication all claims best serves justice)
- KMV V, Ltd. v. DeBolt, 11th Dist. No. 2009-P-0045, 2009-Ohio-4454 (2009) (reinforces preference for consolidated appeals)
- Wisintainer v. Elcen Power Strut Co., 67 Ohio St.3d 352, 617 N.E.2d 1091 (1993) (mere incantation of Civ.R. 54(B) cannot cure non-finality)