Flagstar Bank Fsb v. Moore, 91145 (11-26-2008), 2008 Ohio 6163

JOURNAL ENTRY AND OPINION {¶ 1} Sua sponte, we dismiss the instant appeal for lack of a final appealable order. The trial court adopted the magistrate's decision without separately stating its own judgment as required by Civ. R. 53(D) (4) (e) and Civ. R. 54(A). A trial court order stating that it is adopting a magistrate's decision is not a final appealable order. In re:Zinni, Cuyahoga App. No. 89599, 2008-Ohio-581, citing Harkai v. ScherbaIndus. (2000), 136 Ohio App.3d 211; Plymouth Park Tax Servs., LLC, etal., v. Margaret A. Frazier, et al., Cuyahoga App. Nos. 90343, 90352, 90353, 90354, 90356, 90357, 90464, 90525, and 90526, 2008-Ohio-3348. To constitute a final appealable order, the trial court's journal entry must be a separate and distinct instrument from that of the magistrate's order and must grant relief on the issues originally submitted to the court. Id., citing In re: Jesmone Dortch (1999), 135 Ohio App.3d 430.

Appeal dismissed.

It is ordered that appellees recover of appellants their costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

COLLEEN CONWAY COONEY, P.J., and MARY J. BOYLE, J., CONCUR

Case Details

Case Name: Flagstar Bank Fsb v. Moore, 91145 (11-26-2008)

Court Name: Ohio Court of Appeals

Date Published: Nov 26, 2008

Citations: 2008 Ohio 6163; No. 91145.

Docket Number: No. 91145.

Court Abbreviation: Ohio Ct. App.