McCualsky v. Appalachian Behavioral Healthcare
2017 Ohio 1064
| Ohio Ct. App. | 2017Background
- In August 2011 Amy and David McCualsky sued Appalachian Behavioral Healthcare in the Court of Claims alleging medical negligence and loss of consortium after an unauthorized person removed and assaulted Mrs. McCualsky. A physician affidavit was filed with the complaint.
- The Court of Claims stayed the case pending a related Athens County action; the stay was lifted in June 2014 and a trial was scheduled for September 21, 2015.
- On the day of trial the McCualskys orally sought a continuance to secure physician testimony; the magistrate denied the continuance and the plaintiffs orally moved to dismiss under Civ.R. 41.
- On October 13, 2015 the magistrate issued an Order of Dismissal recommending dismissal under Civ.R. 41(A)(2). A formal magistrate decision was filed January 22, 2016 (with a 14‑day objection period).
- The McCualskys filed objections on February 8, 2016; the Court of Claims treated them as untimely, adopted the magistrate’s recommendation, and entered judgment dismissing the complaint on March 23, 2016.
- The plaintiffs filed a motion for reconsideration; the court denied it as a nullity on May 10, 2016 (citing Pitts). The plaintiffs appealed from the May 10 entry; the Tenth District dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying the McCualskys’ motion for reconsideration as a nullity | McCualsky: the reconsideration should be allowed because objections were mailed timely and a trial‑court reconsideration is permissible | Appalachian Behavioral Healthcare: motions to reconsider final trial‑court judgments are nullities under Ohio law (Pitts) | Court: motion for reconsideration of a final judgment is a nullity; denial is not a final, appealable order; appeal dismissed |
Key Cases Cited
- Pitts v. Ohio Dep’t of Transp., 67 Ohio St.2d 378 (1981) (holds that motions for reconsideration of a final trial‑court judgment are nullities)
- Noble v. Colwell, 44 Ohio St.3d 92 (1989) (defines "final order" as disposing of the whole case or a distinct branch thereof)
- Lantsberry v. Tilley Lamp Co., 27 Ohio St.2d 303 (1971) (discusses the rationale for final orders and retained jurisdiction)
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (1989) (appellate jurisdiction limited to final, appealable orders)
- State ex rel. Pendell v. Adams Cty. Bd. of Elections, 40 Ohio St.3d 58 (1988) (a judgment entered on a motion for reconsideration is itself a nullity)
- Levy v. Ivie, 195 Ohio App.3d 251 (2011) (trial‑court orders entered on motions for reconsideration are nullities and not appealable)