Jones v. Carpenter
2017 Ohio 440
| Ohio Ct. App. | 2017Background
- Ronda Carpenter sold all A&A Towing stock to Mark Jones; disputes arose over performance of the purchase agreement.
- Jones and A&A sued alleging breach of contract, unjust enrichment, and misrepresentation; the Carpenters counterclaimed for breach, forfeiture, abuse of process, and sought injunctive relief.
- Bench trial produced a December 29, 2015 judgment finding both parties breached the contract and awarding the Carpenters a net judgment of $8,602.79.
- Defendants moved for a new trial to correct the damages; the trial court denied the motion on February 19, 2016.
- Defendants appealed the judgments and plaintiffs cross-appealed; the appeals court sua sponte examined its jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the December 29, 2015 judgment is a final, appealable order | Jones: judgment resolves breach claims and awards relief, so appealable | Carpenters: judgment is final as entered and labeled final by trial court | Court: judgment qualifies under R.C. 2505.02(B)(1) for breach claims but is not final because it did not dispose of all claims and lacks Civ.R. 54(B) language |
| Whether Civ.R. 54(B) language is required when some claims remain | Jones: not applicable if order disposes of distinct branch and affects substantial rights | Carpenters: trial court's labeling suffices to make it final | Court: Civ.R. 54(B) wording is mandatory when multiple claims remain; labeling alone is insufficient |
| Whether the February 19, 2016 denial of new trial is appealable | Jones: appeal of post-trial order depends on underlying final order | Carpenters: denial of new trial is independently appealable | Court: denial of a new-trial motion is not appealable absent an underlying final, appealable judgment; here no jurisdiction |
| Whether the appeals court has jurisdiction to hear the appeals | Jones: appellate review proper because portion of case resolved | Carpenters: appealable as to damages awarded | Court: no jurisdiction; must dismiss appeals for lack of final, appealable order |
Key Cases Cited
- Gehm v. Timberline Post & Frame, 112 Ohio St.3d 514 (Ohio 2007) (appellate courts must have final order to review)
- Natl. City Commercial Capital Corp. v. AAAA at Your Serv., Inc., 114 Ohio St.3d 82 (Ohio 2007) (final order must dispose of whole merits of a distinct branch to prevent further court determination)
- IBEW, Local Union No. 8 v. Vaughn Indus., L.L.C., 116 Ohio St.3d 335 (Ohio 2007) (R.C. 2505.02 and Civ.R. 54(B) interaction; multiple-claim judgments require Civ.R. 54(B) language to be appealable)
- Noble v. Colwell, 44 Ohio St.3d 92 (Ohio 1989) (absence of Civ.R. 54(B) language renders judgment nonfinal and subject to revision)
- State ex rel. Bd. of State Teachers Retirement Sys. v. Davis, 113 Ohio St.3d 410 (Ohio 2007) (denial of post-trial motions is appealable only if an underlying final order exists)