Reel v. Reel, 2013 Ohio 2624

Plaintiffs hold a one-half undivided interest and Claudia holds the other half in property at 4626 North Park Avenue Extension; they file a partition action in Trumbull County.
Plaintiffs allege defendant removed timber from the lands without consent and sold some.
Claudia answers with a counterclaim for adverse possession on March 8, 2011.
Roger Reel dies on February 10, 2012; Kathryn Reel, as survivor, moves for summary judgment on partition and accounting on July 31, 2012.
Trial court grants Kathryn’s summary judgment on partition/accounting, appoints a commissioner, and orders a writ of partition; later denies Claudia’s summary judgment request on September 21, 2012; Claudia appeals.
Notice of Appeal is filed October 11, 2012; the appellate court dismisses the appeal for lack of a final order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there a final, appealable order on partition?	Reel; final order because partition rights were adjudicated and writ/appointment issued.	Reel; no final order until partition is completed and writ issued.	Appeal dismissed for lack of a final order.
Is the adverse-possession counterclaim judgment final under Civ.R. 54(B)?	Reel; summary judgments on merits constitute final adjudication of counterclaim.	Reel; 54(B) language required for appeal while partition action pending.	No Civ.R. 54(B) language; not a final, appealable order.

Mitchell v. Crain, 108 Ohio St. 143, 149, 161 N.E.2d 80 (6th Dist.1958) (Ohio 1958) (finality of partition orders depends on the nature of the decree)
Malone v. Malone, 119 Ohio App. 503, 504, 199 N.E.2d 405 (4th Dist.1963) (Ohio App. 1963) (partition appealability requires final order on partition)
Swank v. Wilson, 80 Ohio App. 58, 62-63, 74 N.E.2d 773 (5th Dist.1947) (Ohio App. 1947) (interlocutory nature of partition decrees affects appealability)
Johnston v. Deaton, 105 Ohio St. 285, 287, 137 N.E. 10 (1922) (Ohio 1922) (confirmation of report can affect right to reacquire property)