Check v. Rossetti

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[Cite as Check v. Rossetti, 2005-Ohio-3463.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT JOSEPH CHECK, ET AL Plaintiffs-Appellees -vsMICHAEL AND NIKKI ROSSETTI Defendants and Third-Party Plaintiffs and-Appellees : : : : : : : : : JUDGES: Hon: W. Scott Gwin, P.J. Hon: William B. Hoffman, J. Hon: Sheila G. Farmer, J. Case No. 2004-CA-00332 OPINION -vsDAVID A. DOYLE, ET AL., Third-Party Defendants and Appellants CHARACTER OF PROCEEDING: Civil appeal from the Stark County Court of Common Pleas, Case No. 2000-CV-02186 JUDGMENT: Dismissed DATE OF JUDGMENT ENTRY: July 5, 2005 APPEARANCES: For Plaintiffs-Appellees For Defendants-Appellants JOHN L. NICODEMO 124 -15th Street N.W. Canton, OH 44703-3208 DAVID AND KAREN DOYLE PRO SE Box 35624 Canton, OH 44735-5624 [Cite as Check v. Rossetti, 2005-Ohio-3463.] Gwin, P.J. {¶1} Third-party defendants/appellants David and Karen Doyle appeal a judgment of the Court of Common Pleas of Stark County, Ohio, finding them in civil contempt for failing to abide by the terms of its prior order {¶2} The trial court s judgment entry of October 1, 2004 found appellants in contempt of court and set an October 22 hearing date to determine the penalties. The record does not contain a judgment entry assessing any penalties against appellants. {¶3} Pursuant to Section 3, Article IV of the Ohio Constitution and R.C. 2505.02, this court s appellate jurisdiction is limited to judgments which are final. A final order of contempt of court requires both a finding of contempt and the imposition of a penalty or sanction, see, e.g., Noll v. Noll, Lorain Appellate No. 01CA007932 and 01CA007976, 2002-Ohio-4154. A finding of contempt alone is not a final appealable order, see, e.g., Bair v. Werstler, Tuscarawas Appellate No. 2004AP080060, 2005-Ohio-1697, citations deleted. {¶4} Although the trial court included the language this is a final appealable order this language cannot change a non-final order into a final appealable order, see, e.g., Cunningham v. Allender, Stark Appellate No. 2004CA00337, 2005-Ohio-1935. Stark County, Case No. 2004-CA-00332 3 {¶5} We find we lack jurisdiction to review this order. Accordingly, the appeal is dismissed. By: Gwin, P.J., Hoffman, J., and Farmer, J., concur _________________________________ _________________________________ _________________________________ JUDGES WSG:clw 0615 [Cite as Check v. Rossetti, 2005-Ohio-3463.] IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT JOSEPH CHECK, ET AL Plaintiffs-Appellees -vsMICHAEL AND NIKKI ROSSETTI Defendants and Third-Party Plaintiffs and-Appellees and : : : : : : : : : : : : : : JUDGMENT ENTRY CASE NO. 2004-CA-00332 DAVID A. DOYLE, ET AL., Third-Party Defendants and Appellants For the reasons stated in our accompanying Memorandum-Opinion, the appeal is dismissed for lack of jurisdiction. Costs to appellant. _________________________________ _________________________________ _________________________________ JUDGES

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