Gen. Elec. Credit Union v. Jeff Schmitt Auto Group, Inc.
2017 Ohio 8560
| Ohio Ct. App. | 2017Background
- GECU sued multiple Jeff Schmitt auto dealerships seeking a declaration that the dealerships must indemnify GECU for litigation costs incurred defending consumer class actions filed in Montgomery and Greene Counties.
- The trial court granted GECU summary judgment on the issue of the dealerships’ indemnification obligation but did not calculate the amount owed.
- The trial court entered a Civ.R. 54(B) certification finding "no just reason for delay" so the liability ruling could be appealed separately.
- The dealerships appealed the liability determination to the First District Court of Appeals.
- The appellate court reviewed whether the trial court’s order was a final, appealable order given the unresolved determination of the amount of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s liability ruling was a final appealable order despite not determining the amount of indemnification | GECU: liability determination is final and appealable under Civ.R. 54(B) certification | Dealerships: liability without adjudicated relief is not final; Civ.R. 54(B) cannot make a nonfinal order appealable | The liability ruling was not a final appealable order because the amount of relief remained unresolved; Civ.R. 54(B) certification was ineffective |
| Whether the appeal should proceed when the record lacks a final appealable order | GECU: certification suffices to create appellate jurisdiction | Dealerships: without final judgment on amount, appellate court lacks subject-matter jurisdiction | Appeal dismissed for lack of subject-matter jurisdiction |
Key Cases Cited
- Walburn v. Dunlap, 121 Ohio St.3d 373 (2009) (liability findings without factual adjudication of relief are generally not final and appealable even if Civ.R. 54(B) language is used)
- Noble v. Colwell, 44 Ohio St.3d 92 (1989) (same principle regarding nonfinality when relief remains unresolved)
- Gen. Acc. Ins. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (when the record lacks a final appealable order, appellate court must dismiss for lack of subject-matter jurisdiction)