Daudistel v. Silverton
2013 Ohio 2103
Ohio Ct. App.2013Background
- Daudistel was the police chief for the Village of Silverton until termination following disciplinary proceedings.
- He appealed the termination to the Silverton Civil Service Commission while the appeal was pending.
- Daudistel requested retirement benefits, prompting the Village to move to dismiss the Commission appeal; the Commission granted the motion.
- Daudistel then appealed the Commission’s decision to the Hamilton County Court of Common Pleas in case A-1001251, which affirmed the dismissal.
- Daudistel filed a separate suit against Wendling and the Village in 2011, later amended to include Doe defendants and additional claims.
- Wendling and the Village moved for judgment on the pleadings on res judicata, immunity, and failure to state a claim; the trial court granted in 2012, and the appeal followed due to jurisdictional questions under Civ.R. 54(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order granting judgment on the pleadings is appealable | Daudistel contends the order is final and reviewable | Wendling/Village contend Civ.R. 54(B) certification is required and is lacking | Appeal dismissed for lack of Civ.R. 54(B) certification, jurisdiction lacking |
Key Cases Cited
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (1989) (establishes Civ.R. 54(B) finality requirements)
- Brantley v. Title First Agency, Inc., 2012-Ohio-766 (Ohio) (finality where multiple claims/parties; need Civ.R. 54(B) language)
- Icon Constr., Inc. v. Statman, Harris, Siegel & Eyrich, L.L.C., 2010-Ohio-2457 (Ohio) (Civ.R. 54(B) applicability when not all claims disposed)
- Mosley v. 131 Foods, Inc., 2006-Ohio-5719 (Ohio) (unidentified parties and service timelines affect finality)