2016 Ohio 5876
Ohio Ct. App.2016Background
- Borrowers Lynn Strickler and Keith Krese sued First Ohio Banc & Lending and employees in 2007 alleging violations including R.C. 1322.11, fraud, and consumer protection claims; they sought class and individual relief.
- First Ohio Banc moved to compel arbitration; trial court denied that motion, and this Court and the Ohio Supreme Court refused further review of arbitration applicability.
- The trial court granted partial summary judgment for Borrowers on liability under R.C. 1322.11 (disclosure violations) and concluded damages were presumed.
- The trial court certified a class in January 2012; this Court affirmed the certification on appeal and the Ohio Supreme Court declined jurisdiction.
- In September 2015 First Ohio Banc moved to decertify the class based on intervening Ohio Supreme Court decisions (Stammco and Felix); the trial court denied decertification on November 19, 2015.
- First Ohio Banc appealed the denial of decertification; this Court sua sponte questioned its jurisdiction and ultimately dismissed the appeal for lack of a final, appealable order because the November 19, 2015 entry was not the initial certification order under R.C. 2505.02(B)(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court's denial of defendant's motion to decertify is a final, appealable order under R.C. 2505.02(B)(5) | Strickler argued the denial was not an appealable order because it did not itself determine that the action may or may not be maintained as a class action | First Ohio Banc argued intervening Ohio Supreme Court precedent (Stammco, Felix) created "new circumstances" allowing an interlocutory appeal of the decertification denial | Appeal dismissed: the denial is not a final, appealable order under R.C. 2505.02(B)(5); only the initial certification order is appealable, not subsequent unsuccessful challenges to certification |
Key Cases Cited
- Whitaker-Merrell Co. v. Geupel Constr. Co., Inc., 29 Ohio St.2d 184 (Ohio 1972) (appellate courts must raise jurisdictional issues sua sponte)
- Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (Ohio 1989) (final-judgment and R.C. 2505.02 requirements for appealability)
- Stammco, L.L.C. v. United Tel. Co. of Ohio, 136 Ohio St.3d 231 (Ohio 2013) (intervening Ohio Supreme Court decision relied on by appellant)
- Felix v. Ganley Chevrolet, Inc., 145 Ohio St.3d 329 (Ohio 2015) (intervening Ohio Supreme Court decision relied on by appellant)
- Lucio v. Safe Auto Ins. Co., 188 Ohio App.3d 190 (Ohio App. 2010) (only the original certification order is appealable under R.C. 2505.02(B)(5); subsequent orders are not)