Everhome Mtge. Co. v. Kilcoyne
2012 Ohio 593
Ohio Ct. App.2012Background
- Everhome Mortgage Company sued Christopher Kilcoyne in Cuyahoga County foreclose action; Kilcoyne appeals the foreclosure judgment.
- The trial court adopted a magistrate’s decision and granted foreclosure; March 29, 2011 journal entry granted partial summary judgment liability.
- The trial court’s June 2, 2011 order adopted the magistrate’s decision and stated the final entry was a separate and distinct instrument.
- The appellate court ordered show cause on whether the March 29 judgment entry was final and appealable; appellee argued the combination of March 29 entry and June 2 order was final.
- The court held Civ.R. 54(A) requires a separate judgment entry; attaching the magistrate’s decision to the judgment does not create a final, appealable order, so the appeal is dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a final, appealable order? | Everhome contends the March 29 judgment and June 2 order constitute a final order. | Kilcoyne contends the judgment improperly includes the magistrate’s decision, so no final order. | No final, appealable order; appeal dismissed. |
Key Cases Cited
- Deutsche Bank Natl. Co. v. Caldwell, 8th Dist. No. 96249, 2011-Ohio-4508 (2011) (judgment must be separate from magistrate's decision; Civ.R. 54(A))
- Harkai v. Scherba Indus., Inc., 136 Ohio App.3d 211, 216 (9th Dist.2000) (judgment cannot include magistrate’s decision; magistrate’s decision belongs in the decision)