Kelly v. Swoish Ft Blue Ash, L.L.C.
2017 Ohio 836
Ohio Ct. App.2017Background
- Kelly sued Swoish, Corporate Woods I & II, LLC, and John Does after slipping on ice in a commercial parking lot.
- Complaint was served on Swoish and Corporate Woods; the Doe defendants were never identified or served.
- Swoish answered and later moved for summary judgment; Corporate Woods did not answer or otherwise participate.
- The trial court granted summary judgment in favor of Swoish only.
- The judgment did not address Kelly’s claims against Corporate Woods and did not include a Civ.R. 54(B) certification of "no just reason for delay."
- The court of appeals dismissed the appeal for lack of jurisdiction because the order was not a final, appealable order under Ohio law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the summary-judgment order disposing of claims against Swoish is a final, appealable order | Kelly implicitly treats the order as final and appealable and challenges the summary judgment | Swoish contends the order is final as to it; any remaining claims against Corporate Woods prevent finality | The order is not final because claims against Corporate Woods remained and the judgment lacked Civ.R. 54(B) certification; appeal dismissed |
Key Cases Cited
- Lycan v. Cleveland, 51 N.E.3d 593 (Ohio 2016) (discusses limits of appellate jurisdiction and final order requirement)
- Chef Italiano Corp. v. Kent State Univ., 541 N.E.2d 64 (Ohio 1989) (final order must satisfy both R.C. 2505.02 and Civ.R. 54(B) when multiple parties or claims exist)
- State ex rel. Scruggs v. Sadler, 776 N.E.2d 101 (Ohio 2002) (same final-judgment and Civ.R. 54(B) principles)
- Jarrett v. Dayton Osteopathic Hosp., Inc., 486 N.E.2d 99 (Ohio 1985) (Civ.R. 54(B) certification required when judgment disposes of fewer than all claims or parties)