2014 Ohio 1982
Ohio Ct. App.2014Background
- Masterfloors (plaintiff) sued Bogner Construction, Richland County Board of Commissioners, Sauereisen, and Ohio Farmers Insurance arising from flooring work performed during Richland County Jail renovations, asserting breach of contract, unjust enrichment, lien on public funds, warranty and bond claims.
- Multiple answers, counterclaims and cross-claims were filed; Bogner asserted counterclaims against Masterfloors and its GM; Sauereisen filed a counterclaim against Masterfloors.
- Masterfloors moved for summary judgment; after discovery disputes it obtained leave to file a second summary-judgment motion, and the trial court granted summary judgment in Masterfloors’ favor and awarded attorney fees against Bogner.
- Several appeals were filed by Bogner and the County from various trial-court orders concerning summary judgment and fee awards; this court repeatedly dismissed earlier appeals for lack of a final, appealable order.
- The trial court left certain claims between other parties unresolved and did not include Civ.R. 54(B) language when it resolved claims between the appellants and Masterfloors.
- The appellate court sua sponte examined jurisdiction and dismissed the pending appeals for lack of a final, appealable order because unresolved claims remained and Civ.R. 54(B) language was absent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court had jurisdiction to hear appeals of the trial-court orders | Masterfloors treated the orders as appealable final judgments and sought fees and affirmance | Bogner/County argued genuine issues remained, and some motions/claims unresolved, so no final appealable order | No jurisdiction: unresolved claims and absence of Civ.R. 54(B) language meant orders were not final and appeals were dismissed |
| Whether the trial court properly entered summary judgment in favor of Masterfloors | Masterfloors argued discovery delays justified leave to file second summary-judgment motion and that it was entitled to judgment | Bogner/County argued the trial court improperly weighed credibility, considered improper evidence, and that genuine issues of material fact remained | Not reached on merits due to lack of appellate jurisdiction |
| Whether attorney fees and supplemental fees awarded to Masterfloors were proper | Masterfloors sought fees for trial and appellate work incurred | Bogner/County contested amount and entitlement to supplemental fees | Not reached on merits due to lack of appellate jurisdiction |
| Whether prior appeals should have been dismissed for lack of final order | Masterfloors opposed dismissal and pursued fee supplementation during appeals | Appellants repeatedly contended orders were nonfinal; earlier appeals were dismissed by this court | Appellate court reaffirmed lack of final, appealable order and dismissed the current appeals for lack of jurisdiction |
Key Cases Cited
- State ex rel. White v. Cuyahoga Metro. Hous. Auth., 79 Ohio St.3d 543 (discussing appellate jurisdiction and requirement of final appealable order)
- Intl. Bd. of Electrical Workers, Local Union No. 8 v. Vaughn Indus., L.L.C., 116 Ohio St.3d 335 (Civ.R. 54(B) requirement when fewer than all claims or parties are adjudicated)
- State ex rel. Scruggs v. Sadler, 97 Ohio St.3d 78 (clarifying final-order and Civ.R. 54(B) principles)
- State ex rel. A & D Ltd. Partnership v. Keefe, 77 Ohio St.3d 50 (application of Civ.R. 54(B) in multi-claim or multi-party cases)