Fatica Renovations, L.L.C. v. Bridge
2017 Ohio 1419
| Ohio Ct. App. | 2017Background
- Fatica Renovations, LLC sued William W. Bridge, III and Lisa Bridge for quiet title, slander of title, and permanent injunctive relief concerning certain real property.
- Fatica sought and obtained a preliminary injunction (Dec. 27, 2016) ordering the Bridges to release notices of lis pendens and enjoining interference with the property sale.
- William Bridge filed a pro se notice of appeal from the trial court’s preliminary injunction order.
- Fatica moved to dismiss the appeal, arguing the injunction order was not a final, appealable order.
- The primary legal question was whether the preliminary injunction satisfied Ohio’s final-order test for immediate appellate review under R.C. 2505.02(B)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the preliminary injunction is a final, appealable order under R.C. 2505.02(B)(4) | Fatica: order is not final because it merely preserves the status quo and is ancillary to requested permanent relief; thus appeal should be dismissed | Bridge: appealed the injunction order seeking immediate review (argued appealable) | Court: Dismissed appeal for lack of jurisdiction; injunction not a final order because appellant would have a meaningful remedy after final judgment |
Key Cases Cited
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (an appellate court lacks jurisdiction to review nonfinal trial-court orders)