Ettayem v. State Auto Ins. Cos., 2017 Ohio 8464

Plaintiff Ashraf Ettayem sued State Auto alleging breach of insurance contracts and bad faith for failure to properly settle claims on two damaged vehicles.
The parties negotiated and State Auto asserted they reached a settlement in July 2016; Ettayem contested that no settlement existed because the parties never agreed on a release's terms.
State Auto moved to enforce the alleged settlement; the trial court granted the motion in an April 25, 2017 order directing mutual performance (provide salvage titles, execute a release) and conditioned dismissal on completion and payment of $9,500 to Ettayem.
The trial court did not enter a dismissal; it ordered the parties to perform and instructed that the court would dismiss the lawsuit after being notified of compliance.
Ettayem appealed the April 25, 2017 order. The appellate court sua sponte reviewed jurisdiction and questioned whether the order was a final, appealable order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the April 25, 2017 order is a final, appealable order	Ettayem argued no enforceable settlement existed (no agreed release); he appealed the order enforcement	State Auto argued a settlement existed and the trial court properly enforced it	The order is not final or appealable because it required further actions and did not dismiss the case; appeal dismissed

State ex rel. White v. Cuyahoga Metro. Hous. Auth., 79 Ohio St.3d 543 (court may raise jurisdiction sua sponte)
Gehm v. Timberline Post & Frame, 112 Ohio St.3d 514 (2007) (appellate jurisdiction requires a final, appealable order)
IBEW, Local Union No. 8 v. Vaughn Indus., L.L.C., 116 Ohio St.3d 335 (2007) (orders must meet R.C. 2505.02 to be final and appealable)
State ex rel. Bd. of State Teachers Retirement Sys. v. Davis, 113 Ohio St.3d 410 (2007) (an order must dispose of the whole case or a separate branch and leave nothing for trial court determination to be final)