Miller v. Hempfling, 2017 Ohio 8276

Robert M. Miller and Nancy Lallier (successor co-executors and heirs) sued Ralph D. Hempfling (executor/heir of the other decedent) asserting fraudulent transfers, unjust enrichment, conversion, and concealment/embezzlement during estate administration.
Bench trial occurred January 2015. The court's January 23, 2015 entry awarded Miller/Lallier on unjust enrichment for $9,924.07, ruled for Hempfling on other claims and on his counterclaim, but contemplated further action to finalize remedies (possession, possible $10,000 judgment plus penalties and fees if possession refused).
Hempfling sought clarification after discovering additional property; the court issued a February 5, 2015 entry directing the parties to prepare a full inventory and set a March evidentiary hearing if disputes remained.
Parties later submitted an agreed inventory; the court vacated the March hearing and accepted the inventory by journal entry on March 20, 2015, effectively resolving outstanding issues.
Miller and Lallier filed a notice of appeal on August 16, 2017, seeking review of the January and February 2015 entries. Appellee argued the January entry was final and the appeal untimely.
The Fourth District concluded the Jan. and Feb. entries were interlocutory but merged into the March 20, 2015 final judgment; the appeal—filed more than 30 days after that final entry—was dismissed as untimely.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Jan. 23 and Feb. 5, 2015 entries were final, appealable orders	Miller: appeal is timely (though dated >30 days) and the entries are not final; asked dismissal and remand to obtain a final order	Hempfling: Jan. 23 order was final; appeal is untimely	Court: Jan. and Feb. entries were interlocutory and merged into the March 20, 2015 final judgment
Whether the appeal was timely under App.R. 4	Miller: contends appeal timely/premature (filed Aug. 16, 2017)	Hempfling: appeal untimely because final order issued Jan. 23, 2015	Court: final, appealable judgment date was March 20, 2015; appeal filed >30 days later—dismissed for lack of jurisdiction

State v. Anderson, 6 N.E.3d 23 (Ohio 2014) (appellate jurisdiction exists only for final orders)
Chef Italiano Corp. v. Kent State Univ., 541 N.E.2d 64 (Ohio 1989) (order final only if it meets R.C. 2505.02 and Civ.R. 54(B) if applicable)
Miller v. First Internatl. Fid. & Trust Bldg., Ltd., 866 N.E.2d 1059 (Ohio 2007) (final order must dispose of whole merits or a separate, distinct branch)
Noble v. Colwell, 540 N.E.2d 1381 (Ohio 1989) (liability finding is not final if relief remains unresolved)
State ex rel. White v. Cuyahoga Metro. Hous. Auth., 684 N.E.2d 72 (Ohio 1997) (orders contemplating further court action are not final)
State v. Threatt, 843 N.E.2d 164 (Ohio 2006) (a judgment that leaves issues unresolved and contemplates further action is not final)