Home S. & L. Co. v. Avery Place, L.L.C., 2011 Ohio 4774

Home Savings & Loan and Avery Place, LLC financed two commercial condo projects; Moro personally guaranteed the loans.
Debtor default on the loans triggered a suit alleging multiple cognovit notes and guarantees.
A judgment by confession totaling $2,846,574.20 plus costs and fees was entered on August 7, 2009.
Moro failed to appear for a judgment debtor examination; court ordered appearance and production of documents.
The court issued deadlines for document delivery; Moro did not comply and extensions were not satisfied.
The trial court held a show-cause hearing and, on February 25, 2011, found Moro in contempt and ordered document delivery by March 11, 2011, with potential confinement for noncompliance; attorney fees were to be determined for the contempt sanction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the contempt order is final and appealable.	Home Savings argues the contempt judgment is a final, appealable order with sanctions.	Moro contends the order lacks finality because the attorney-fee component remains undetermined.	Appeal dismissed for lack of a final, appealable order.

AXS Opportunity Fund, LLC v. Continent French Quarter, LLC, 2008-Ohio-1047 (10th Dist. 2008) (whether contempt sanctions become final prior to fee determination)
Lawson v. Lawson, 2002-Ohio-409 (Lawrence Dist. 2002) (fee amount unresolved prevents finality of contempt judgment)
Van Orden v. Van Orden, 2011-Ohio-2246 (Jackson App. 2011) (contempt sanctions and fee issues affect finality)
Chain Bike Corp. v. Spoke ‘N Wheel, Inc., 64 Ohio App.2d 62 (1979) (contempt and related sanctions considerations)
EMC Mortgage Corp. v. Pratt, 2007-Ohio-4669 (Franklin App. 2007) (attorney-fee determinations influence finality of contempt orders)
Bair v. Werstler, 2005-Ohio-1697 (Tuscarawas App. 2005) (fees as part of contempt costs and final appealability)