2006 Ohio 3400 | Ohio Ct. App. | 2006
{¶ 2} In the April 9, 2004 judgment, the trial court ordered that case numbers 2003 CV 2846 and 2004 CV 196 be consolidated. In the April 3, 2006 judgment entry, the trial court denied appellant's motion for summary judgment indicating that there were a multitude of questions of fact that existed. It is from those entries that appellant filed its notices of appeal on April 25, 2006.
{¶ 3} On May 3, 2006, appellees, Samantha Alden, Joe Alden, and Pam Alden, filed a motion to dismiss the appeals. In that motion, appellees claim that the denial of appellant's summary judgment was based on the existence of genuine issues of facts and not based on a legal question of immunity. Furthermore, appellees assert that even if the consolidation of the cases was a final, appealable order, the appeal of that judgment was filed beyond the time limit allowed in which to file an appeal pursuant to App.R. 4(A). Appellant filed its brief in opposition to appellees' motion on May 15, 2006. In its brief, appellant posits that it is entitled to an immediate appeal under R.C.
{¶ 4} Appellant appealed the trial court's decision of April 9, 2004 to consolidate case numbers 2003 CV 2846 with 2004 CV 196 on April 25, 2006, which was over two years after the trial court issued its judgment entry. In addition, even if it had been appealed in a timely fashion, an order consolidating two cases is not a final, appealable order under any part of R.C.
{¶ 5} As for the trial court order of April 3, 2006, Section
{¶ 6} Here, appellant has attempted to appeal the denial of summary judgment pursuant to R.C.
{¶ 7} "An order that denies a political subdivision or an employee of a political subdivision the benefit of an alleged immunity from liability as provided in this chapter or any other provision of the law is a final order."
{¶ 8} However, a decision dealing solely with the "fact-related legal issues that underlie [a] plaintiff's claim on the merits" is not a final appealable order within the meaning of R.C.
{¶ 9} Based upon the foregoing analysis, appellees' motion to dismiss is granted, and these appeals are dismissed due to lack of a final appealable order.
{¶ 10} Appeals dismissed.
Donald R. Ford, P.J., Colleen M. O'Toole, J., concur.