State ex rel. v. Big Sky Energy
2013 Ohio 437
Ohio Ct. App.2013Background
- Big Sky Energy, Inc. appeals a trial court judgment entered August 20, 2012 overruling its Civ.R.60(B) motion relating to a May 2, 2012 order.
- The May 2, 2012 order set a damage hearing for August 14, 2012 but did not adjudicate damages.
- On August 24, 2012 the court stayed the hearing pending appeal.
- The State moved on October 17, 2012 to dismiss for lack of jurisdiction, arguing no final appealable order under R.C. 2505.02 or Civ.R. 54(B).
- Appellant countered that the injunction portion created a final order affecting a substantial right, thus final despite pending damages.
- The court ultimately held the May 2, 2012 order was not final and dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the August 20, 2012 judgment a final appealable order under R.C. 2505.02? | Dewine argues finality because the injunction affected substantial rights. | Big Sky argues finality due to injunction in special proceeding. | No final order under R.C. 2505.02; jurisdiction lacking. |
| Does Civ.R. 54(B) apply to create finality for this appeal? | N/A (state contends no final order under Civ.R.54(B)). | N/A. | Not applicable; no finality under Civ.R.54(B) due to pending damages. |
| Does the injunction portion render the order final despite pending damages? | Injunction affects substantial rights, thus final. | Injunction alone does not make non-final order final. | Cannot convert non-final order to final; not final because damages pending. |
| Was the Civ.R.60(B) motion properly characterized given non-final status of underlying order? | Motion for relief was proper relief from final order. | Motion was a reconsideration of non-final order. | Civ.R.60(B) relief denied due to lack of finality; no final order. |
Key Cases Cited
- Gen. Acc. Ins. Co. v. Ins. Co. of N. America, 44 Ohio St.3d 17 (1989) (defines final order under R.C. 2505.02)
- McMarty, 11th Dist. No. 2005-T-0063 (2006-Ohio-2019) (two-step finality analysis; damages deferred not final)
- Glass v. Glass, 11th Dist. No. 2004-L-214 (2005-Ohio-1688) (damages deferred from liability not a final order)
- A & D Ltd. Partnership v. Keefe, 77 Ohio St.3d 50 (1996) (liability and damages deferral not final)
- Ankrom v. Hageman, 10th Dist. No. 06AP-735 (2007-Ohio-5092) (final order requires both statutory and rule-based finality)
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (1989) (requirements of finality for special proceedings)