2022 Ohio 428
Ohio Ct. App.2022Background
- TQL, an Ohio freight broker, employed Jeremiah Johnson from April to September 2018; Johnson signed a one-year noncompete/confidentiality/nonsolicitation agreement.
- After leaving TQL, Johnson took a job with Biewer Logistics, a Michigan-based direct competitor.
- TQL sued Johnson and Biewer in Clermont County asserting breach of contract, misappropriation of trade secrets, breach of fiduciary duty (against Johnson), and tortious interference (against Biewer).
- Johnson and Biewer filed a Civ.R. 12(B)(2) motion to dismiss for lack of personal jurisdiction; the trial court denied the motion after a hearing, finding a prima facie showing as to Johnson and asserting jurisdiction over Biewer under Ohio’s long-arm statute.
- The trial court later issued a supplemental nunc pro tunc decision adding Civ.R. 54(B) language that there was no just cause for delay; Johnson and Biewer appealed from that decision.
- The Twelfth District dismissed the appeal for lack of jurisdiction, holding that an order denying a motion to dismiss for lack of personal jurisdiction is not a final, appealable order and Civ.R. 54(B) language cannot convert a nonfinal order into a final one.
Issues
| Issue | Plaintiff's Argument (TQL) | Defendant's Argument (Johnson/Biewer) | Held |
|---|---|---|---|
| Whether an order denying a Civ.R. 12(B)(2) motion is a final, appealable order | Trial court correctly exercised personal jurisdiction; the denial should be reviewable now, especially given the court's Civ.R. 54(B) language | The denial is interlocutory and not final; Civ.R. 54(B) language cannot convert a nonfinal order into a final, appealable one | Denial of motion to dismiss for lack of personal jurisdiction is not a final appealable order; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- State ex rel. Toma v. Corrigan, 92 Ohio St.3d 589 (2001) (post-judgment appeal from denial of personal-jurisdiction motion provides adequate remedy absent a patent lack of jurisdiction)
- Wisintainer v. Elcen Power Strut Co., 67 Ohio St.3d 352 (1993) (adding Civ.R. 54(B) language does not convert a nonfinal order into a final, appealable order)
- State ex rel. Kingsley v. State Emp. Relations Bd., 130 Ohio St.3d 333 (2011) (delay or expense in appellate review does not render an available appellate remedy inadequate)