ANTOINETTE LOPRESTI, Plaintiff-Appellee, - vs - KELLY O‘BRIEN, Defendant/Third-Party Plaintiff-Appellant, - vs - REMAX TRADITIONS, et al., Third-Party Defendants.
CASE NO. 2016-G-0065
IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO
May 23, 2016
2016-Ohio-3124
DIANE V. GRENDELL, J.
Civil Appeal from the Geauga County Court of Common Pleas, Case No. 2015 M 000555. Judgment: Appeal dismissed.
David V. Patton, 33595 Bainbridge Road, Suite 200A, Solon, OH 43139-2981 (For Defendant/Third-Party Plaintiff-Appellant).
MEMORANDUM OPINION
DIANE V. GRENDELL, J.
{¶1} On March 24, 2016, appellant, Kelly O‘Brien, by and through counsel of record, filed a notice of appeal from a February 23, 2016 judgment entry of the Geauga County Court of Common Pleas.
{¶2} A review of the record in this matter reveals that on May 11, 2015, appellee, Antoinette LoPresti, filed an eviction action against appellant in the Chardon
{¶3} On April 19, 2016, appellee filed a motion to dismiss the appeal claiming that this court does not have jurisdiction to consider this appeal since the entry appealed from is not a final appealable order. Appellee asserts that appellant‘s third-party claims are still pending, and the trial court‘s February 23, 2016 entry did not contain the requisite
{¶4} Appellant has not filed a brief in opposition to the motion to dismiss.
{¶5} Initially, we must determine whether there is a final, appealable order, as this court may entertain only those appeals from final judgments or orders. Noble v. Colwell, 44 Ohio St.3d 92, 96 (1989). According to
{¶6}
When more than one claim for relief is presented in an action whether as a claim, counterclaim, cross-claim, or third-party claim, and whether arising out of the same or separate transactions, or when multiple parties are involved, the court may enter final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay. In the absence of a determination that there is no just reason for delay, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties, shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
{¶7} This court has repeatedly held that where there are multiple claims and/or parties involved, an entry entering final judgment as to one or more but fewer than all of the claims or parties is not a final, appealable order in the absence of
{¶8} Here, the trial court disposed of appellee‘s claims against appellant. However, it appears that there are claims still pending in the trial court against the third-party defendants. Without the inclusion of the
{¶9} Based upon the foregoing analysis, appellee‘s motion to dismiss is hereby granted, and this appeal is dismissed due to lack of a final appealable order.
{¶10} Appeal dismissed.
CYNTHIA WESTCOTT RICE, P.J.,
COLLEEN MARY O‘TOOLE, J.,
concur.