In re Dougherty, 2013 Ohio 2841

Appellant Veronica K. Wessell appeals a March 18, 2013 magistrate order that dismissed her guardianship application without prejudice.
The trial court did not adopt the magistrate’s decision nor enter a final judgment on the relief to be afforded.
This court analyzes whether the magistrate order is a final appealable order under R.C. 2505.02 and Civ.R. 54(B).
A final order must satisfy statutory or rules-based finality requirements, otherwise appellate jurisdiction is lacking.
Magistrate orders require trial court approval if dispositive of a claim; otherwise, they may be interlocutory.
The court dismisses the appeal sua sponte for lack of jurisdiction because no final appealable order exists.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the March 18, 2013 magistrate order is a final appealable order.	Wessell contends the magistrate order resolves the guardianship matter.	The order is not final because the trial court did not adopt the magistrate’s decision nor enter a judgment.	Not final; lacking final appealable status.
Whether failure to adopt and enter judgment prevents finality.	Appellant argues the magistrate’s dismissal constitutes final relief.	Only a trial judge can enter final judgments; adoption is required for finality.	Precludes finality; no final judgment entered.
Whether the appeal is jurisdictionally proper given interlocutory status.	Appellant seeks immediate review of the magistrate order.	Interlocutory order remains subject to reconsideration and is not appealable as a final order.	Lacks jurisdiction; appeal dismissed.

Noble v. Colwell, 44 Ohio St.3d 92 (Ohio 1989) (final order requirement for immediate review; finality under constitutional and statutory rules)
Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (Ohio 1989) (finality requirements; note on final judgments and Civ.R. 54(B) considerations)