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State Ex Rel. Boddie v. Franklin County 911 Administrator
135 Ohio St. 3d 248
| Ohio | 2013
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Background

  • Boddie, pro se, appeals from an order denying his motion for reconsideration of a magistrate’s decision that recommended dismissal of his mandamus action.
  • The magistrate recommended dismissal; the court of appeals denied reconsideration of that magistrate’s decision.
  • The supreme court found the magistrate’s recommendation not a final, appealable order under R.C. 2505.02(B)(1).
  • The court also found the court of appeals’ denial of reconsideration not a final, appealable order.
  • Under R.C. 2505.02 and related authorities, the appealed order does not resolve the mandamus action or prevent a judgment.
  • The supreme court lacks jurisdiction and dismisses the appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is the appeal jurisdictionally proper as a final order? Boddie argues the order is final under RC 2505.02. Franklin County contends the order is not a final appealable order. No; the order is not final or appealable.
Does the magistrate’s decision or the reconsideration denial constitute a final order? Boddie contends the magistrate’s decision or reconsideration denial finalizes the action. County argues neither constitutes a final, appealable order. No; neither is a final, appealable order.

Key Cases Cited

  • State ex rel. Sawicki v. Lucas Cty. Court of Common Pleas, 121 Ohio St.3d 507 (2009-Ohio-1523) (establishes right-of-appeal for matters in appellate courts)
  • State ex rel. Downs v. Panioto, 107 Ohio St.3d 347 (2006-Ohio-8) (finality requirement under RC 2505.02)
  • State ex rel. Keith v. McMonagle, 103 Ohio St.3d 430 (2004-Ohio-5580) (finality/appealability standard for mandamus actions)
  • Brewer v. Hope Timber Pallet & Recycling, 2011-Ohio-533 (5th Dist.) (motion for reconsideration of interlocutory order not final)
  • Harkai v. Scherba Industries, Inc., 136 Ohio App.3d 211 (2000) (judgment required to terminate claims; magistrate decisions not final by themselves)
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Case Details

Case Name: State Ex Rel. Boddie v. Franklin County 911 Administrator
Court Name: Ohio Supreme Court
Date Published: Feb 14, 2013
Citation: 135 Ohio St. 3d 248
Docket Number: 2012-1548
Court Abbreviation: Ohio