James v. Sky Bank
2014 Ohio 1159
Ohio Ct. App.2014Background
- Plaintiffs W. Thomas James and James Funeral Home (James) obtained a liability determination against Sky Bank (now Huntington) and appellate court remanded for determination of damages.
- Trial court entered a July 17, 2013 judgment ordering the magistrate to hold an evidentiary hearing on damages per the appellate remand.
- Huntington filed an immediate appeal from that July 17 order and filed related extraordinary-relief actions in this court.
- James moved to dismiss the appeal for lack of jurisdiction, arguing the July 17 order was not a final appealable order because damages remain undecided.
- Huntington argued the order was final because it purportedly granted a "new trial."
- The appellate court reviewed whether the July 17 judgment constituted a final appealable order under R.C. 2505.02 and Civ.R. 54(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the July 17, 2013 order is a final appealable order under R.C. 2505.02 | Order is not final because damages were deferred and no ruling on damages exists | Order is final because it granted a "new trial" (making it appealable under R.C. 2505.02(B)(3)) | Not final: scheduling a damages hearing is not a new trial and deferring damages is not a final order |
| Whether Civ.R. 54(B) language converted the order into a final judgment | 54(B) language cannot convert a nonfinal order into final | 54(B) language indicates no just cause for delay, making judgment final | 54(B) language did not make the order final because damages remain undecided |
| Whether scheduling a magistrate hearing affects a substantial right | Scheduling does not affect a substantial right or prevent a judgment | Scheduling is a final act warranting immediate review | Scheduling a magistrate hearing is not a final appealable act |
| Whether Huntington has an adequate remedy after final judgment | James: Huntington will have meaningful remedy by appeal after final order | Huntington: immediate appeal necessary now | Huntington must await final judgment; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- General Acc. Ins. Co. v. Ins. Co. of N. America, 44 Ohio St.3d 17 (Ohio 1989) (an order must be final before appellate review)
- State ex rel. White v. Cuyahoga Metro. Hous. Auth., 79 Ohio St.3d 543 (Ohio 1997) (order deferring damages is not a final appealable order)
- State ex rel. A & D Ltd. Partnership v. Keefe, 77 Ohio St.3d 50 (Ohio 1996) (liability determinations that defer damages are not final orders)