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