McHenry v. McHenry
2013 Ohio 3693
Ohio Ct. App.2013Background
- Cindy McHenry and Glenn McHenry, Jr. are the sole beneficiaries of their late father's trust, with Glenn serving as trustee.
- Cindy alleges deception regarding monies placed in the trust and that she did not receive full benefit from the trust assets.
- Cindy filed suit on November 1, 2012 seeking a TRO and preliminary injunction.
- On December 3, 2012, after a preliminary injunction hearing, the probate court enjoined Glenn from transferring or encumbering real property at 3300 Oaklynn Street, NW, Uniontown, Ohio.
- Glenn appeals the preliminary injunction order in Stark County Probate Court.
- The Court of Appeals for Stark County dismissed the appeal for lack of a final appealable order, thus upholding dismissal of the challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injunction is a final appealable order under RC 2505.02 | Appellee argues the order preserves status quo and is not final | Appellant contends it should be reviewable as a final order | No final appealable order; appeal dismissed |
Key Cases Cited
- Hootman v. Zock, 2007-Ohio-5619 (11th Dist. 2007) (status-quo injunctions not final appealable orders)
- E. Cleveland Firefighters, IAFF Local 500 v. E. Cleveland, 2007-Ohio-1447 (8th Dist. 2007) (interlocutory orders generally not final appealable)
