State v. Mull
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[Cite as State v. Mull, 2010-Ohio-5935.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO STATE OF OHIO, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2010-L-120 - vs - : DAVID A. MULL, Defendant-Appellant. : : Criminal Appeal from the Court of Common Pleas, Case No. 10 CR 000531. Judgment: Appeal dismissed. Charles E. Coulson, Lake County Prosecutor, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee). David A. Mull, pro se, Lake County Jail, 104 East Erie Street, Painesville, OH 44077 (Defendant-Appellant). TIMOTHY P. CANNON, J. {¶1} Appellant, David A. Mull, pro se, filed a notice of appeal on October 13, 2010, from a judgment entry issued by the Lake County Court of Common Pleas on October 8, 2010. The entry reflected the trial court s decision to continue appellant s bond for $2,500 at 10%. The order also states that appellant was to have no contact with Jamie Eck. {¶1} Pursuant to R.C. 2953.02, a court of appeals only possesses jurisdiction to hear an appeal from a criminal case if the appeal is from a judgment or final order. {¶2} In addition, R.C. 2505.02(B) defines a final appealable order, in part, as the following: {¶3} An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following: {¶4} (1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment; {¶5} (2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment; {¶6} (3) An order that vacates or sets aside a judgment or grants a new trial; {¶7} (4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶8} (a) The 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. {¶9} (b) The 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. *** {¶10} Furthermore, the Supreme Court of Ohio has stated that in a criminal case there must be a sentence which constitutes a judgment or a final order which amounts to a disposition of the cause before there is a basis for appeal. State v. Chamberlain (1964), 177 Ohio St. 104, 106-107. {¶11} In the instant matter, the trial court has merely ordered that bond be continued. Since the case has not gone forward on the charges against appellant for 2 telecommunications harassment, there is presently no judgment which could be the subject of an appeal. Therefore, there is no final appealable order, and this court lacks jurisdiction. {¶12} Accordingly, this appeal is hereby, sua sponte, dismissed for lack of jurisdiction. DIANE V. GRENDELL, J., CYNTHIA WESTCOTT RICE, J., concur. 3
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