Poorman v. Poorman

Aug 31, 2026

2026-A-0034

Versions:2026-Ohio-3394

MEMORANDUM OPINION AND JUDGMENT ENTRY

SCOTT LYNCH, J.

{¶1} On May 4, 2026, appellant, Rikki Poorman, through counsel, filed an appeal from an April 13, 2026 entry of the Ashtabula County Court of Common Pleas. This case stemmed from a divorce action that appellee, Mark K. Poorman, filed against appellant. After the divorce decree was issued, appellee filed a motion for contempt, and the Magistrate issued a decision ruling on pending motions as well as the motion for contempt. The Magistrate found appellant in contempt and recommended a sentence of 30-days in jail and a $250 fine. The Magistrate further recommended that appellant be given the opportunity to purge herself of the contempt. The trial court adopted the Magistrate‘s Decision. The Magistrate issued an order finding appellant failed to satisfy the purge conditions and set a sentencing hearing for a later date. In the April 13, 2026 judgment entry, the trial court found that appellant failed to comply with the purge conditions, overruled appellant‘s motion to set aside the Magistrate‘s Decision, and ordered that the sentencing would take place on May 19, 2026. This appeal ensued.

{¶2} Appellee filed a motion to dismiss the appeal for lack of a final appealable order. No response has been filed. Although we agree that this appeal should be dismissed for lack of a final order, we do not agree with the reasons set forth in appellee‘s motion to dismiss. Hence, this appeal is dismissed for the following reasons.

{¶3} The judgment of a trial court is immediately appealable if it constitutes a final order. Ohio Const., art. IV, § 3(B)(2). If a lower court‘s judgment is not final, then an appellate court has no jurisdiction, and the matter must be dismissed. Gen. Acc. Ins. Co. v. Ins. of N. Am., 2014-Ohio-4254, ¶ 23. In the absence of other applicable authority conferring jurisdiction, a lower court‘s judgment must satisfy R.C. 2505.02 to be final and appealable. Slabe v. Slabe, 2023-Ohio-4485, ¶ 3 (11th Dist.).

{¶4} The Supreme Court of Ohio has stated that “a court order finding a party in contempt and imposing a sentence conditioned on the failure to purge is a final, appealable order on the issue whether the party is in contempt of court” and an additional appeal can be filed on whether the purge conditions have been met “following execution of sentence on the failure to purge.” Docks Venture, L.L.C. v. Dashing Pacific Group, Ltd., 141 Ohio St.3d 107, 112.

{¶5} Furthermore, in general, an order that leaves issues unresolved and contemplates further action is not a final appealable order. Dicello v. Dicello, 2025-Ohio-5367, ¶ 13 (11th Dist.).

{¶6} In the case at hand, appellant did not appeal the initial finding of contempt and imposition of the sentence conditioned upon the failure to purge. Instead, she is appealing from the order finding that she failed to comply with the purge conditions. However, there has been no execution of a sentence. The trial court simply scheduled the matter for sentencing at a later date. Therefore, because the entry finding appellant failed to purge the contempt did not execute a sentence, and the trial court intends to take further action at a sentencing hearing to be scheduled at a later date, the entry on appeal is not final and appealable.

{¶7} Accordingly, this appeal is hereby dismissed for lack of jurisdiction.

JOHN J. EKLUND, J.,

EUGENE A. LUCCI, J.,

concur.

JUDGMENT ENTRY

For the reasons stated in the memorandum opinion of this court, it is ordered that appellee‘s motion to dismiss is granted. This appeal is hereby dismissed for lack of a final appealable order.

Furthermore, any pending motions are hereby overruled as moot.

Costs to be taxed against appellant.

JUDGE SCOTT LYNCH

JUDGE JOHN J. EKLUND,

concurs

JUDGE EUGENE A. LUCCI,

concurs

THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY

A certified copy of this opinion and judgment entry shall constitute the mandate pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.