States Resources Corp. v. Cincinnati Dev. Fund

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[Cite as States Resources Corp. v. Cincinnati Dev. Fund, 2010-Ohio-3429.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO : STATES RESOURCES CORPORATION, : Plaintiff-Appellant, APPEAL NO. C-090854 TRIAL NO. A-0711250 D E C I S I O N. : vs. : SOUTHERN OHIO PROPERTY INVESTMENT LTD, : MARK D. MENDENHALL, : ADVANTAGE BANK, : HAMILTON COUNTY BOARD OF COMMISSION,1 : : HAMILTON COUNTY TREASURER, ROBERT A. GOERING, : CITY OF CINCINNATI, : CINCINNATI DEVELOPMENT FUND, : JOSEPH R. DRESCHER, EXECUTOR OF THE ESTATE OF WALTER ANTON KOEHLER, JR., : HARVEST HOME SAVINGS BANK, : : and WINTON SAVINGS COMPANY, : AND LOAN : Defendants-Appellees. 1 This party identified itself by answer as the Board of County Commissioners of Hamilton County, Ohio, Department of Community Development. OHIO FIRST DISTRICT COURT OF APPEALS Civil Appeal From: Hamilton County Court of Common Pleas Appeal Dismissed Date of Judgment Entry on Appeal: July 23, 2010 William P. Coley, II, and Roetzel & Andress, L.P.A., for Plaintiff-Appellant, H. Toby Schisler and Dinsmore & Shohl, LLP, for Defendant-Appellee Cincinnati Development Fund. Note: We have removed this case from the accelerated calendar. 2 OHIO FIRST DISTRICT COURT OF APPEALS Per Curiam. {¶1} In this foreclosure action, plaintiff-appellant States Resources Corporation ( SRC ) appeals from the trial court s entry, dated November 2, 2009, that overruled SRC s motion to vacate the sheriff s sale of five properties, granted defendant-appellee Cincinnati Development Fund s ( CDF ) motion for the court to confirm the sheriff s sale, and ordered SRC to [proffer an entry] confirm[ing] the sale within seven days. {¶2} SRC assigns as error the trial court s distribution of proceeds and denial of SRC s motion to vacate. {¶3} We dismiss this appeal for lack of a final, appealable order. The trial court has yet to enter a final order confirming the sale and ordering the distribution of proceeds.2 Thus, the order appealed lacks the finality required to invoke this court s appellate jurisdiction.3 Appeal dismissed. CUNNINGHAM, P.J., HILDEBRANDT and DINKELACKER, JJ. Please Note: The court has recorded its own entry on the date of the release of this decision. See R.C. 2329.31; Emerson Tool, LLC v. Emerson Family Ltd. Partnership, 9th Dist. No. 24673, 2009-Ohio-6617, ¶14. 3 See Section 3(B)(2), Article IV, Ohio Constitution; R.C. 2505.02(B)(2); Emerson Tool at ¶13-15. 2 3

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