Zimmerman v. Dinapoli

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[Cite as Zimmerman v. Dinapoli, 2005-Ohio-937.] COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO KENNETH ZIMMERMAN, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2004-L-204 -vs- : JOHN R. DINAPOLI, II, et al., Defendants, : : NATIONWIDE MUTUAL INSURANCE CO., Intervenor-Appellant. Civil Appeal from the Court of Common Pleas, Case No. 03 CV001649. Judgment: Appeal dismissed. Michael J. Monteleone, 1650 Midland Building, 101 Prospect Avenue, West, Cleveland, OH 44115 (For Plaintiff-Appellee). Richard A. DiLisi, Lakeside Place, #410, 323 Lakeside Avenue, West, Cleveland, OH 44113 (For Intervenor-Appellant). . COLLEEN MARY O TOOLE, J. {¶1} On December 8, 2004, appellant, Nationwide Mutual Insurance Company, filed a notice of appeal from a November 10, 2004 judgment of the Lake County Court of Common Pleas. In that judgment, the trial court denied appellant s motion for summary judgment, but stated that [t]here is no just reason for delay. {¶2} It is well established that 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. {¶3} Additionally, an order that is not final cannot be rendered final merely by adding Civ.R. 54(B) language. Noble v. Colwell (1989), 44 Ohio St.3d 92, 96; Fireman s Fund Ins. Cos. v. BPS Co. (1982), 4 Ohio App.3d 3, 4. {¶4} Accordingly, the trial court s addition of Civ.R. 54(B) language did not make the otherwise nonfinal order final in this case. Appellant can appeal the trial court s decision once it renders a final appealable order. {¶5} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed for lack of a final appealable order. {¶6} Appeal dismissed. DIANE V. GRENDELL, J., CYNTHIA WESTCOTT RICE, J., concur. 2

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