Benkosky v. Jarosick

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[Cite as Benkosky v. Jarosick, 2004-Ohio-5026.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 84097 DEBRA BENKOSKY, et al. : : Plaintiffs-Appellees : : : : : : vs. JOURNAL ENTRY and OPINION SUSAN G. JAROSICK, et al. : : Defendants-Appellants DATE OF ANNOUNCEMENT OF DECISION: : September 23, 2004 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CV-390758 JUDGMENT: DISMISSED DATE OF JOURNALIZATION: _______________________ APPEARANCES: For Plaintiffs-Appellees: For Defendant-Appellant National Union Fire Insurance MICHAEL W. CZACK AARON P. BERG Caravona & Czack, P.L.L. 1900 Terminal Tower 50 Public Square Cleveland, Ohio 44113 MICHAEL L. CLOSE DALE D. COOK 2 Company: Wiles, Boyle, Burkholder & Bringardner Co., LPA 300 Spruce Street, Floor One Columbus, Ohio 43215 MATTHEW J. GRIMM STEVEN G. JANIK KATHLEEN A. NITSCHKE Janik & Dorman, LLP 9200 South Hills Boulevard Suite 300 Cleveland, Ohio 44147-3521 ANTHONY O. CALABRESE, JR., J.: {¶ 1} Having reviewed the record, we find that the trial court s order of September 7, 2003 was not a final appealable order, as the issue of damages was left unresolved. State ex rel. White v. Cuyahoga Metro. Hous. Auth. (1997), 79 Ohio St.3d 543; Bautista v. Kolis (2001), 142 Ohio App.3d 169. In turn, the trial court s order denying appellant s motion for relief from judgment is also not a final appealable order. Vanest v. Pillsbury Co. (1997), 124 Ohio App.3d 525, 532. Therefore, we are without jurisdiction to hear this appeal. Section 3(B)(2), Article IV of the Ohio Constitution; see, also, R.C. 2501.02. For those reasons, appellees motion to dismiss is granted. {¶ 2} Appeal dismissed. It is ordered that appellees recover of appellant costs herein taxed. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. ______________________________ ANTHONY O. CALABRESE, JR. FRANK D. CELEBREZZE, JR., P.J., and 3 DIANE KARPINSKI, J., CONCUR. N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R. 22(E). See, also S.Ct.Prac.R. II, Section 2(A)(1).

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