State v. Tomblin

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[Cite as State v. Tomblin, 2005-Ohio-1896.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, : Plaintiff-Appellee, : -vs- : MEMORANDUM OPINION KENNETH TOMBLIN, CASE NO. 2005-L-037 : Defendant-Appellant. Civil Appeal from the Court of Common Pleas, Juvenile Division, Case No. 2004 SE 1311. Judgment: Appeal Dismissed. Charles E. Coulson, Lake County Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). Judson J. Hawkins, Center Plaza South, 35350 Curtis Boulevard, #350, Eastlake, OH 44095 (For Defendant-Appellant). CYNTHIA WESTCOTT RICE, J., {¶1} On March 1, 2005, appellant, Kenneth Tomblin, filed a notice of appeal from a January 28, 2005 judgment of the Lake County Court of Common Pleas, Juvenile Division. In that judgment, the trial court denied appellant s motion to dismiss three counts against him of failure to pay adequate child support. The court concluded that the matter would proceed to trial as scheduled. {¶2} It is well established that the denial of a motion to dismiss is not a final appealable order as it neither determines the action nor prevents a final judgment. R.C. 2505.02(B); Polikoff v. Adam (1993), 67 Ohio St.3d 100. Appellant can always appeal after a final decision has been made in this case. {¶3} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed for lack of a final appealable order. {¶4} Appeal dismissed. WILIAM M. O NEILL, J., DIANE V. GRENDELL., concur. 2

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