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McHenry v. McHenry
2013 Ohio 3693
Ohio Ct. App.
2013
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Background

  • 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)
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Case Details

Case Name: McHenry v. McHenry
Court Name: Ohio Court of Appeals
Date Published: Aug 26, 2013
Citation: 2013 Ohio 3693
Docket Number: 2013CA00001
Court Abbreviation: Ohio Ct. App.