2020 Ohio 241
Ohio Ct. App.2020Background:
- Marissa Tran appealed a magistrate’s October 4, 2019 order compelling execution of medical releases in a Geauga County domestic relations case.
- This Court issued a show-cause entry asking why the appeal should not be dismissed for lack of a final appealable order, noting magistrate orders are generally interlocutory without judicial approval.
- Appellant filed a brief in support of jurisdiction; appellee responded.
- The court analyzed final-order jurisdiction under Article IV, §3(B)(2) of the Ohio Constitution and R.C. 2505.02(B).
- The court concluded the magistrate’s order did not fit any category of final order, did not dispose of all claims, and had not received the required judicial approval under Civ.R. 53.
- Because the order remained interlocutory and reviewable only after a final judgment, the appeal was dismissed for lack of jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the October 4, 2019 magistrate order compelling medical releases is a final appealable order | Tran argued the magistrate’s order was appealable now | Tran (defendant) argued the order is interlocutory because it was a magistrate order without judicial approval and did not dispose of all claims | The court held the order is not a final appealable order and dismissed the appeal for lack of jurisdiction |
Key Cases Cited
- Noble v. Colwell, 44 Ohio St.3d 92 (1989) (only final orders are immediately reviewable by appellate courts)
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (appellate court lacks jurisdiction over nonfinal trial-court orders)