Tamarac Apts., L.L.C. v. Austin, 2025 Ohio 2737

Tamarac Apartments, LLC filed a defamation lawsuit against Damel Austin, alleging false and damaging statements made about the property's condition and safety, published in a local newspaper.
Austin responded to the lawsuit and filed a motion for summary judgment.
Tamarac Apartments moved the trial court to hold Austin in contempt and to issue default judgment due to non-compliance with a discovery order.
The trial court denied Austin's summary judgment motion and scheduled a settlement conference; Austin and his counsel failed to attend the conference.
As a result of the nonappearance, the trial court granted default judgment for Tamarac Apartments and set future hearings on damages and attorney’s fees, but had not yet determined these amounts when the appeal was filed.
Austin appealed the trial court’s entries before the damages and attorney’s fees had been decided.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal is from a final order	The trial court’s rulings on default judgment and contempt are final and appealable.	The trial court’s orders are not final because damages and fees are not yet determined.	No final appealable order; appeal dismissed.

Jones v. Russell, 2023-Ohio-3418 (11th Dist.) (an appellate court lacks jurisdiction unless the trial court’s entry is a final order)
RAJ Holdings, Inc. v. Helman, 2024-Ohio-5552 (11th Dist.) (entry ordering attorney fees but reserving amount is not final and appealable)