Swan Creek Twp. Bd. of Trustees v. Wylie & Sons Landscaping
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[Cite as Swan Creek Twp. Bd. of Trustees v. Wylie & Sons Landscaping, 2007-Ohio-2839.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT FULTON COUNTY Swan Creek Township Board of Trustees, et al. Court of Appeals No. F-06-026 Trial Court No. 06CV000108 Appellees v. Wylie & Sons Landscaping, et al. DECISION AND JUDGMENT ENTRY Appellant Decided: June 8, 2007 ***** Roger D. Nagel, Prosecuting Attorney, and Paul H. Kennedy, Assistant Prosecuting Attorney, for appellee Swan Creek Township Board of Trustees and Walter J. Hallett, III. Jeffrey M. Stopar, for appellee Jerry Kmotorka. Clayton M. Gerbitz, for appellant. ***** HANDWORK, J. {¶ 1} This appeal is from the November 3, 2006 judgment of the Fulton County Court of Common Pleas, which granted the motion of appellees, Swan Creek Township Board of Trustees and the Swan Creek Township Zoning Inspector, for a preliminary injunction against appellant, Wylie & Sons Landscaping, to prevent appellant from using its property to conduct a substantial commercial trucking business in violation of Swan Creek Township zoning regulations. Upon examination of the judgment, we find that this judgment is not a final, appealable order. {¶ 2} A preliminary injunction is a provisional remedy. R.C. 2505.02(A)(3). Therefore, an order granting or denying a preliminary injunction is a final, appealable order only if it satisfies the two prong-test in R.C. 2505.02(B)(4). That statute requires that: "(a) [t]he order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy" and "(b) [t]he appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action." {¶ 3} We find that the judgment at issue fails to satisfy this test. Because the judgment sought to be appealed is not a final, appealable order, we lack jurisdiction to consider this appeal. R.C. 2505.02. This appeal is hereby ordered dismissed at appellant s costs. APPEAL DISMISSED. Swan Creek Township Board of Trustees, et al. v. Wylie & Sons Landscaping, et al. F-06-026 2. A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4. Peter M. Handwork, J. ____________________________ JUDGE Arlene Singer, J. Thomas J. Osowik, J. CONCUR. ____________________________ JUDGE ____________________________ JUDGE This decision is subject to further editing by the Supreme Court of Ohio's Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court's web site at: http://www.sconet.state.oh.us/rod/newpdf/?source=6. 3.
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