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Pinson v. Triplett
458 N.E.2d 461
Ohio Ct. App.
1983
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Defendants appeal from an order of the Court of Common Pleas of Franklin County overruling their motion to vacate a "default judgment" rendered against them. The entry sought to be vacated recites failure of defendants to plead or defend, grants default judgment on the issue of liability, and sets a future hearing on the issue of damages.

Because that order is not a final appealable order (Fireman'sFund Ins. Co. v. BPS Co. [1982], 4 Ohio App.3d 3), the order declining to vacate it cannot be a final appealable order. Accordingly, this appeal must be dismissed, sua sponte. SeeWhitaker-Merrell v. Geupel Co. (1972), 29 Ohio St.2d 184 [58 O.O.2d 399].

Appeal dismissed.

WHITESIDE, P.J., and MCCORMAC, J., concur. *Page 47

Case Details

Case Name: Pinson v. Triplett
Court Name: Ohio Court of Appeals
Date Published: Apr 21, 1983
Citation: 458 N.E.2d 461
Docket Number: 83AP-106
Court Abbreviation: Ohio Ct. App.
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