2018 Ohio 3106
Ohio Ct. App.2018Background
- Jack Gibson Construction Company appealed a summary-judgment ruling in favor of Cincinnati Insurance and Erie Insurance arising from underlying litigation in Ashtabula County Common Pleas Court.
- The appealed judgment resolved fewer than all claims and parties in the action.
- The judgment did not include Civ.R. 54(B) language expressly stating "there is no just reason for delay."
- Appellees (Cincinnati and Erie) moved to dismiss the appeal for lack of a final, appealable order.
- The Eleventh District analyzed final-judgment jurisdiction under Ohio law and Civ.R. 54(B) requirements and concluded the order was not final and appealable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appealed summary judgment is a final, appealable order | The judgment disposes of claims against insurers and is immediately appealable | Judgment adjudicated fewer than all claims/parties and lacked Civ.R. 54(B) certification | Not final/appealable; appeal dismissed |
| Whether Civ.R. 54(B) language is required when fewer than all claims/parties are adjudicated | Not specifically argued in detail in opinion | Required: an express “no just reason for delay” finding is necessary | Civ.R. 54(B) finding absent; order subject to revision |
| Whether appellate court has jurisdiction to hear the appeal without a final order | Appellant sought review despite lack of 54(B) language | Appellees moved to dismiss for lack of jurisdiction | Court lacks jurisdiction; must dismiss appeal |
| Standard for determining finality under Ohio law | Appellant relied on general final-judgment principles | Court applied R.C. 2505.02 and Civ.R. 54(B) precedent from Ohio cases | Finality requires statutory test and, when applicable, Civ.R. 54(B) language |
Key Cases Cited
- Noble v. Colwell, 44 Ohio St.3d 92 (Ohio 1989) (discusses appellate jurisdiction and final order requirement)
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (Ohio 1989) (holding that nonfinal orders are not reviewable on appeal)