Grover v. Dourson, 2018 Ohio 1456

Grover and Dourson divorced after protracted domestic-relations litigation; magistrate awarded Grover $44,678.24 in attorney fees (74% chargeable to Dourson).
While objections to the magistrate’s decision were pending, Grover moved for $10,000 in interim attorney fees to be paid directly to her counsel as a credit against the larger award.
The trial court granted the motion and ordered Dourson to pay $10,000 to Grover’s counsel within 14 days, subject to further order of the court.
Dourson appealed the interim-fee order to the Twelfth District while his objections to the magistrate’s decision remained pending in the trial court.
The central procedural question became whether the trial court’s interim award was a final appealable order under R.C. 2505.02(B)(2).

Issue	Plaintiff's Argument (Grover)	Defendant's Argument (Dourson)	Held
Whether the trial court’s order requiring payment of $10,000 in interim attorney fees is a final appealable order under R.C. 2505.02(B)(2)	The order affects a substantial right in a special proceeding and risks irreparable harm absent immediate review; thus it is final and appealable.	The order is interlocutory because it is subject to further orders and can be reviewed after final judgment; no final appealable right affected.	Not final and not appealable. The Twelfth District dismissed the appeal for lack of jurisdiction.
Whether the interim fee order is analogous to Eighth District precedent (Oatey/DeWerth) that treated certain interim-fee awards as final	Grover relied on Oatey/DeWerth to show circumstances warrant immediate review.	Dourson argued those cases are distinguishable because here the interim payment was a credit toward an existing fee award, not a compelled sale or payment funding prospective fees to counsel.	Court distinguished Oatey/DeWerth: unlike those cases, this order did not require liquidation of substantial property or mandate payment of prospective fees to a nonparty; it resembled pendente lite support and was subject to reconsideration.

Oatey v. Oatey, 83 Ohio App.3d 251 (8th Dist. 1992) (held an interim attorney-fee award funded by immediate sale of substantial property and mandating payment to counsel could be a final appealable order due to risk of irreparable harm).