Longo v. Bender
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[Cite as Longo v. Bender, 2006-Ohio-2239.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO CHARLES V. LONGO, et al., Plaintiffs-Appellants, : MEMORANDUM OPINION : CASE NO. 2006-G-2699 - vs - : MARY BENDER, ESQ., Defendant-Appellee. : : Civil Appeal from the Court of Common Pleas, Case No. 05 PT 000086. Judgment: Appeal dismissed. Charles V. Longo, Charles V. Longo, Co., L.P.A., 25550 Chagrin Boulevard, #320, Beachwood, OH 44122 (Plaintiffs-Appellants). Linda D. Cooper, Cooper & Forbes, 166 Main Street, Painesville, OH 44077-3403 (For Defendant-Appellee). DONALD R. FORD, P.J. {¶1} On April 5, 2006, appellants, Charles V. Longo and Charles V. Longo Co., L.P.A., filed a notice of appeal from a March 10, 2006 judgment entry of the Geauga County Court of Common Pleas. {¶2} In the March 10, 2006 judgment entry, the trial court granted the motion for sanctions of appellee, Mary Bender, Esq., and entered judgment in favor of her in the amount of $540. It is from that entry that appellants filed their notice of appeal. {¶3} On April 12, 2006, appellee filed a motion to dismiss the appeal because the order appealed from is not a final appealable order pursuant to R.C. 2505.02(B). Appellee states that appellants were subjected to sanctions by the trial court in relation to a motion for a protective order filed by appellee on a discovery matter. {¶4} We note that an issue must be final and appealable on its own for this court to have jurisdiction to address it. The granting of sanctions accompanying a discovery order is not final and appealable. Kennedy v. Chalfin (1974), 38 Ohio St.2d 85, 88. In Kennedy, the Supreme Court of Ohio held that a sanction order arising out of discovery procedures is not an order rendered in a special proceeding. Id. at 89. The Court observed that discovery orders have been considered interlocutory in nature and were not subject to immediate appellate review. Id. at 88. {¶5} In the case sub judice, the order currently before this court is not a final appealable order within the meaning of R.C. 2505.02. However, appellants may be afforded a meaningful and effective remedy as to this alleged error following a final judgment in this case. Furthermore, at the time of the trial court s decision, other issues and claims remained pending in this action. {¶6} Based upon the foregoing analysis, appellee s motion to dismiss is granted, and this appeal is dismissed due to lack of jurisdiction. {¶7} Appeal dismissed. WILLIAM M. O NEILL, J., DIANE V. GRENDELL, J., concur. 2
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