457 N.E.2d 898 | Ohio Ct. App. | 1983
Lead Opinion
On July 13, 1981, Dalen Jackson, husband of appellant, signed an affidavit in the Middletown Municipal Court charging appellant, Vicki Jackson, with felonious assault. The offense was allegedly committed on July 11, 1981. The case was withdrawn at the request of the prosecution.
On August 3, 1981, another complaint was filed against appellant based upon the same incident. This case was also withdrawn.
On September 11, 1981, a third complaint was filed against appellant relative to the same incident. Appellant filed a motion to dismiss based upon an alleged *432
failure to afford appellant a speedy trial as required by R.C.
We hold that the order from which appellant appealed is not a final appealable order. First, we believe that Civ. R. 54(B) has no application to criminal cases. Further, we feel that the order appealed from is not inherently a final order. State v. Cinema XBookstore (1976),
In State v. Eberhardt (1978),
This court is aware of State v. Thomas (1980),
In accordance with this decision the appeal is hereby dismissed and the case is remanded to the Middletown Municipal Court for further proceedings according to law.
Appeal dismissed.
HENDRICKSON, P.J., and JONES, J., concur.
KOEHLER, J., dissents.
Dissenting Opinion
The rationale of State v. Thomas (1980),
The majority, in finding this appeal was not taken from a final appealable order, distinguished State v. Eberhardt (1978),
If the legislature determined that an accused should be discharged if not tried within the scope of R.C.
While I share the concerns of the majority for the effect of piecemeal appeals upon the administration of criminal justice, I feel such are beyond the province of this court.