Malenda v. Celina Group

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[Cite as Malenda v. Celina Group, 2004-Ohio-5633.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO GREGORY MALENDA, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2004-L-080 - vs - : CELINA GROUP, et al., Defendant-Appellant. : : Civil appeal from the Court of Common Pleas, Case No. 03 CV 000673. Judgment: Appeal dismissed. Edward O. Patton, Mansour, Gavin, Gerlack & Manos Co., L.P.A., 55 Public Square, #2150, Cleveland, OH 44113-1994 (For Plaintiff-Appellee). Les Chambers, 163 North Sandusky Street, #205, Delaware, OH Defendant-Appellant). 43015 (For DIANE V. GRENDELL, J. {¶ 1} On May 14, 2004, appellant, Celina Group, filed a notice of appeal from a May 5, 2004 judgment of the Lake County Court of Common Pleas. In that judgment, the trial court denied appellant s motion for summary judgment. {¶ 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. This is due to the fact that the denial does not determine the action and prevent a judgment and is, therefore, not a final order under R.C. 2505.02. Celebrezze v. Netzley (1990), 51 Ohio St.3d 89, 90. See, also, Klein v. Portage Cty. (2000), 139 Ohio App.3d 749, 751. The denial of a motion for summary judgment is always reviewable on appeal following a subsequent final judgment. {¶ 3} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed due to lack of a final appealable order. Appeal dismissed. DONALD R. FORD, P.J., WILLIAM M. O NEILL, J., concur. 2

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