Timberlake v. Graham
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[Cite as Timberlake v. Graham, 2005-Ohio-826.] COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO VILLAGE OF TIMBERLAKE, Plaintiff-Appellant, : MEMORANDUM OPINION : -vs- CASE NO. 2004-L-200 STEVEN D. GRAHAM, : Defendant-Appellee. Civil Appeal from Lake County Common Pleas Court, Case No. 03 CV 001334. Judgment: Appeal Dismissed. Michael P. Germano, Wiles and Richards, Centre Plaza South, 35350 Curtis Boulevard, #530, Eastlake,OH 44095 (For Plaintiff-Appellant). Joseph M. Gurley, Rand, Gurley, Hanahan, Koerner, 270 East Main Street, #300, Painesville, OH 44077 (For Defendant-Appelee) . WILLIAM M. O NEILL, J., {¶1} On November 29, 2004, appellant Village of Timberlake, filed a notice of appeal from a November 1, 2004 judgment of the Lake County Court of Common Pleas. In that entry, the trial court denied appellant s motion for summary judgment on the counterclaim filed by appellee, Steven D. Graham. {¶2} On January 25, 2005, appellee filed a motion to dismiss this appeal due to lack of a final appealable order. This was in response to a brief in support of jurisdiction filed by appellant on January 3, 2005. On February 8, 2005, appellant filed a response to appellee s motion to dismiss. {¶3} It is clear that the trial court has yet to issue a final order in this case. The denial of a motion for summary judgment is not a final appealable order. State ex rel. Overmeyer v. Walinski (1966), 8 Ohio St.2d 23. The denial of a motion for summary judgment is always reviewable on an appeal from a subsequent final judgment. Sagenich v. Erie Ins. Group (Dec. 12, 2003), 11th Dist. No. 2003-T-0144, 2003 Ohio App. LEXIS 5991, ¶3. {¶4} Accordingly, appellee s motion to dismiss this appeal is hereby granted. {¶5} Appeal dismissed. DONALD R. FORD, P. J., COLLEEN M. O TOOLE, J., concur. 2 3
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