Shontz v. Shontz, 2013 Ohio 4849

Richard M. Shontz, Jr. sues co-trustee Vikki L. Shontz for breaches of fiduciary duties in managing a trust.
Vikki answers and asserts a counterclaim seeking compensation for advances in maintaining realty tied to the purported trust asset.
The trial court dismissed Richard's complaint but left the counterclaim unresolved.
Richard moves for reconsideration of the dismissal; the court denies without detailed analysis.
This court lacks jurisdiction to review non-final interlocutory orders and dismisses the appeal for want of a final appealable order; remand possible for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the dismissal a final appealable order?	Shontz asserts finality for review.	Shontz contends interlocutory nature requires no appeal.	No; dismissal was interlocutory, not final.
Does Civ.R. 54(B) apply to render the dismissal final?	54(B) needed when more than one claim exists; appealable order required.	No 54(B) clause declaring no just reason for delay present.	Not applicable here; no 54(B) declaration.
Are reconsideration-order rulings immediately appealable?	Reconsideration denial is final and appealable.	Reconsideration orders are interlocutory.	Interlocutory; not subject to immediate appeal.
What is the appellate outcome given these rulings?	Appeal should proceed on final order.	Appellate jurisdiction lacking for non-final orders.	Appeal dismissed for want of jurisdiction; remanded for further proceedings.

State ex rel. Scruggs v. Sadler, 97 Ohio St.3d 78 (2002) (final appealable order requires both 2505.02 and Civ.R. 54(B) where applicable)
Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (1989) (finality requirements for appealable interlocutory orders)
Taylor v. Leader Transp. Sys., 2004-Ohio-6330 (11th Dist. Lake No. 2003-L-115) (reconsideration orders are interlocutory)
Wells Fargo Bank, N.A. v. Wackerle, 2011-Ohio-4261 (8th Dist.) (reconsideration orders are not immediately appealable)