Deutsche Bank National Co. v. Caldwell
196 Ohio App. 3d 636
| Ohio Ct. App. | 2011Background
- Deutsche Bank National Company (trustee) filed a foreclosure complaint on July 7, 2009 against Robert Caldwell, Frances Caldwell, Oasis Property and Investment, L.L.C., and the Ohio Bureau of Workers’ Compensation.
- The trial court granted Oasis Property and Investment’s default; later Deutsche Bank moved for summary judgment against the Caldwells, which the court granted on August 10, 2010.
- After discovery, the Caldwells appealed, but the appellate court dismissed for lack of a final, appealable order because no final foreclosure decree had been entered.
- The case was reactivated in the trial court; the magistrate ordered foreclosure and the trial court adopted the magistrate’s decision and granted a decree of foreclosure on December 2, 2010.
- Caldwell appeals alleging errors in the trial court’s summary judgment grant; the appellate court dismissed the appeal for lack of a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a final, appealable order permitting review | Deutsche Bank maintained the entry granted relief and constituted a final order. | The journal entry was not a final appealable order as it lacked clarity and finality. | Not final; appellate jurisdiction lacks; dismissal required. |
| Whether Civ.R. 54(B) language converts a nonfinal order into final | The presence of Civ.R. 54(B) language would render the judgment final as to some claims. | mere incantation of Civ.R. 54(B) cannot cure a nonfinal order. | Civ.R. 54(B) language did not convert the order into final. |
Key Cases Cited
- Flagstar Bank, FSB v. Moore, 2008-Ohio-6163 (Ohio App. Dist.) (separate judgment entry must be final and clear; not achieved here)
- Ameriquest Mtge. Co. v. Stone, 2008-Ohio-3984 (Ohio App. Dist.) (final order must clearly state relief and be separate from magistrate)
- Noble v. Colwell, 44 Ohio St.3d 92 (1989) (mere finality language does not ensure final appealable order)
- St. Rocco’s Parish Fed. Credit Union v. Am. Online, 151 Ohio App.3d 428 (2003-Ohio-420) (appellate review limited to final, appealable orders)