Geauga Savs. Bank v. Rickard
2013 Ohio 3863
Ohio Ct. App.2013Background
- Geauga Savings Bank filed a foreclosure action involving two Trumbull Township parcels; the Board of Trumbull Township Trustees (the Board) sought to intervene claiming an equitable interest via a constructive trust.
- The Board had an existing separate breach-of-contract suit in the same trial court (Case No. 2008 CV 925) asserting claims that would determine any monetary entitlement; that case had not resulted in a judgment or damages award.
- The Board moved to intervene in the foreclosure action; the trial court denied the motion by entry dated October 9, 2012, reasoning a constructive trust could not be established until the Board prevailed in its breach-of-contract action.
- The Board appealed the denial on November 6, 2012.
- The appellate court sua sponte considered whether the order denying intervention was a final, appealable order and concluded it was not because the Board’s claimed rights could be litigated in the separate 2008 action.
- The court dismissed the appeal for lack of jurisdiction for failure to present a final appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of motion to intervene is a final, appealable order | Intervention is a substantial right under Civ.R. 24, so denial is appealable | Denial is not final because the claimed rights can be litigated in another pending action (2008 CV 925) | Denial not final/appealable; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Noble v. Colwell, 44 Ohio St.3d 92 (sets final-order appellate jurisdiction principle)
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (appellate court lacks jurisdiction absent final order)
- State ex rel. Scruggs v. Sadler, 97 Ohio St.3d 78 (describes R.C. 2505.02 and Civ.R. 54(B) interplay for final orders)
- Gehm v. Timberline Post & Frame, 112 Ohio St.3d 514 (denial of intervention not always final; intervention is a substantial right)
- State ex rel. Sawicki v. Court of Common Pleas of Lucas Cty., 121 Ohio St.3d 507 (denial of intervention not final when relief can be obtained in another action)