2018 Ohio 4204
Ohio Ct. App.2018Background
- Decedent Kenneth Sterling Weaver died Oct. 2017; Phillip Williams appointed executor.
- Howard Lovenshimer submitted a claim to the estate for funeral expenses; Williams moved to strike, arguing the claim had been previously presented and rejected and that Lovenshimer failed to timely sue under R.C. 2117.12.
- Lovenshimer filed a five-day presentment under R.C. 2117.11; Williams moved to strike that presentment as well.
- Probate court denied Williams’s motions to strike (May 14 and May 16, 2018), finding no clear written rejection and noting an unresolved funeral bill; Williams’s motion for reconsideration was denied (May 23; reiterated July 10 with “no just cause for delay”).
- Williams appealed from the July 10, 2018 entry (denial of motion for reconsideration); appellee moved to dismiss for lack of a final appealable order.
Issues
| Issue | Williams’s Argument | Lovenshimer’s Argument | Held |
|---|---|---|---|
| Whether the July 10, 2018 entry is a final, appealable order | The denial of reconsideration is reviewable and the underlying denials effectively affect estate rights | The entry is not final; underlying denials did not adjudicate liability and denial of reconsideration is a nullity | Appeal dismissed for lack of a final appealable order |
Key Cases Cited
- General Acc. Ins. Co. v. Insurance Co. of North American, 44 Ohio St.3d 17 (1989) (appellate jurisdiction limited to final orders)
- Lorain Edn. Assn. v. Lorain City School Dist. Bd. of Edn, 46 Ohio St.3d 12 (1989) (motions for reconsideration are nullities for appealability purposes)
- Stein v. Wyandotte Wine Cellars, Inc., 88 Ohio App.3d 477 (1993) (denials of motions for reconsideration are not final appealable orders)