Shelton v. Huff, 2014 Ohio 3871

Shelton plaintiffs sued Huff in forcible entry and detainer seeking possession and unpaid rent.
December 7, 2012 hearing resulted in eviction/writ of restitution; damages to be addressed separately.
Huff appealed the possession ruling in a prior appeal, which the court affirmed in Shelton v. Huff, 2014-Ohio-1344.
Huff filed an Answer and seven counterclaims in December 2012; the February 4, 2014 Judgment Entry addressed only unpaid rent.
The February 4, 2014 judgment awarded $400 to plaintiffs for past due rent, with no mention of counterclaims or Civ.R. 54(B) language.
The appellate court sua sponte dismissed the appeal for lack of a final appealable order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the February 4, 2014 judgment a final appealable order?	Huff argues the ruling on damages is appealable.	Sheltons contend Civ.R. 54(B) not satisfied; counterclaims remain unresolved.	No final appealable order; dismissal
Does Civ.R. 54(B) language apply to render the judgment final?	Damages determination and possession issue are separable; final as to damages.	There were multiple claims; Civ.R. 54(B) absent, so not final.	Lacks Civ.R. 54(B) language; not final

Germ v. Fuerst, 11th Dist. Lake No. 2003-L-116 (2003) (finality jurisdiction requires a final order)
Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (final order rule; requires finality under RC 2505.02)
Children’s Hosp. Med. Ctr. v. Tomaiko, 2011-Ohio-6838 (2011) (Civ.R. 54(B) considerations in multi-claim actions)
Cuyahoga Metro. Housing Auth. v. Jackson, 67 Ohio St.2d 129 (1981) (possession judgments in FE&D actions may be appealable while damages pending)
Meffe v. Griffin, 11th Dist. Trumbull No. 2012-T-0032 (2012) (multiple claims require Civ.R. 54(B) language for finality)
Cruse v. Finley, 2012-Ohio-5465 (2012) (unpaid rent issue not final where counterclaims unresolved)
Shelton v. Huff, 2014-Ohio-1344 (2014) (prior appeal on possession affirmed; damages proceeding remained)