Garr v. Zuppan
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[Cite as Garr v. Zuppan, 2010-Ohio-1715.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO JEANETTE M. GARR, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2010-T-0035 - vs - : DAVID ZUPPAN, : Defendant-Appellant. : Civil Appeal from the Court of Common Pleas, Case No. 2009 CV 02588. Judgment: Appeal dismissed. Jeffrey A. Kurz, 42 North Phelps Street, Youngstown, OH Appellee). 44503 (For Plaintiff- William P. McGuire, William P. McGuire Co., L.P.A., 106 East Market Street, #705, P.O. Box 1243, Warren, OH 44482-1243 (For Defendant-Appellant). CYNTHIA WESTCOTT RICE, J. {¶1} On March 8, 2010, appellant, David Zuppan, by and through counsel, filed a notice of appeal from a February 8, 2010 judgment entry of the Trumbull County Court of Common Pleas. {¶2} In the February 8 entry, the trial court denied appellant s motion to dismiss. In that entry, the trial court ordered appellee, Jeanette Garr, to file a complaint with more definite notice pleading, wherein the theories of her complaint are more cogently pleaded. The trial court also included language that there is no just reason for delay. {¶3} For this court to have jurisdiction, the appealed judgment must be a final appealable order pursuant to R.C. 2505.02. We have held that the denial of a motion to dismiss a complaint is not a final appealable order. Sason v. Shepherd, 11th Dist. No. 2007-L-199, 2008-Ohio-173, 2008 Ohio App. LEXIS 145, at ¶3, citing Hill v. Home & Roam Pools, 11th Dist. No. 2003-A-0097, 2003-Ohio-5862, 2003 Ohio App. LEXIS 5213, at ¶9; See, also, Ferrell v. Standard Oil Co. of Ohio (1984), 11 Ohio St.3d 169, 171. Furthermore, merely adding Civ.R. 54(B) language to an entry that is not final does not transform it into a final appealable order. Sason, supra, citing West v. Carfax, 11th Dist. No. 2005-T-0044, 2005-Ohio-3266, 2005 Ohio App. LEXIS 3009, at ¶2. {¶4} Based upon the foregoing analysis, the trial court s judgment in the instant matter is not a final appealable order. Further, the inclusion of Civ.R. 54(B) language in the February 8, 2010 order does not finalize the non-final order. Thus, this court is without jurisdiction to consider this appeal. Accordingly, this appeal is hereby, sua sponte, dismissed for lack of a final appealable order. {¶5} Appeal dismissed. MARY JANE TRAPP, P.J., COLLEEN MARY O TOOLE, J., concur. 2
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