WM Specialty Mtge., L.L.C. v. Unknown Heirs, Executors, Administrators, Creditors, & Assigns of Estate of Familo

Annotate this Case

Download PDF

[Cite as WM Specialty Mtge., L.L.C. v. Unknown Heirs, Executors, Administrators, Creditors, & Assigns of Estate of Familo, 2010-Ohio-3732.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 94249 WM SPECIALTY MORTGAGE, LLC PLAINTIFF-APPELLEE vs. THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, CREDITORS AND ASSIGNS OF THE ESTATE OF EDWARD D. FAMILO, ET AL. DEFENDANTS-APPELLANTS JUDGMENT: DISMISSED Civil Appeal from the Cuyahoga County Common Pleas Court Case No. CV-644045 BEFORE: Sweeney, J., Rocco, P.J., and Blackmon, J. RELEASED AND JOURNALIZED: August 12, 2010 ATTORNEYS FOR APPELLANTS Jerome W. Cook Richard W. Cline Erin K. Walsh McDonald Hopkins, L.L.C. 600 Superior Avenue, East Suite 2100 Cleveland, Ohio 44114-2653 Karl H. Schneider 250 Civic Center Drive Suite 500 Columbus, Ohio 43215 ATTORNEYS FOR APPELLEE Thomas A. Barni Renee S. Pienta Dinn, Hochman & Potter, L.L.C. 5910 Landerbrook Drive Suite 200 Cleveland, Ohio 44124 Benjamin N. Hoen Weltman, Weinberg & Reis Co., L.P.A. 323 W. Lakeside Avenue Suite 200 Cleveland, Ohio 44113-1099 ATTORNEY FOR DEFENDANT STATE OF OHIO, DEPARTMENT OF TAXATION Robert J. Byrne Collections Enforcement Section 150 East Gay Street 21st Floor Columbus, Ohio 43215 JAMES J. SWEENEY, J.: {¶ 1} Sua sponte, this appeal is dismissed for lack of a final appealable order. WM Specialty Mortgage, LLC commenced the instant action seeking foreclosure and a declaratory judgment. Although the trial court granted WM Speciality s motion for partial summary judgment concerning its priority as a lienholder, the partial summary judgment appealed from does not order foreclosure and sale of the subject property, it does not find any amounts due to various claimants, nor does it declare any rights. Instead, the judgment directs the magistrate to issue a decision making specific findings as to the rights and liabilities of the parties. Because the order before this Court on appeal does not direct the foreclosure sale or find the amounts due to various claimants, it is not a final appealable order. See Oberlin Sav. Bank Co. v. Fairchild (1963), 175 Ohio St. 311, 194 N.E.2d 580. This appeal is hereby dismissed. It is ordered that appellee recover from appellant its costs herein taxed. It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES J. SWEENEY, JUDGE KENNETH A. ROCCO, P.J., and PATRICIA A. BLACKMON, J., CONCUR

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.