[Cite as Chase Home Fin., L.L.C. v. Ford, 2012-Ohio-436.]
COURT OF APPEALS
DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
CHASE HOME FINANCE, LLC
Plaintiff-Appellee
-vs-
GILBERT FORD, ET AL
Defendant-Appellant
JUDGES:
Hon. W. Scott Gwin, P.J.
Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
Case No. 2011-CAE-10 0096
OPINION
CHARACTER OF PROCEEDING: Civil appeal from the Delaware County
Court of Common Pleas, Case No.
09CVE111550
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: February 3, 2012
APPEARANCES:
For: JP Morgan Chase Bank, N.A. For: Defendant-Appellant
As successor by merger to Gilbert Ford
Chase Home Finance LLC JOHN SHERROD
ANNE MARIE SFERRA Jump Legal Group, LLC
NELSON M. REID 2130 Arlington Avenue
Bricker & Eckler, LLP Columbus, OH 43221
100 South Third Street
Columbus, OH 43215-4291
Gwin, P.J.
{¶ 1} Defendant Gilbert P. Ford appeals a judgment of the Court of Common
Pleas of Delaware County, Ohio, which overruled his motion to extend the time in which
he could exercise his statutory right of redemption after a sheriff’s sale of his property.
Plaintiff-appellee is J.P. Morgan Chase Bank, successor in interest by merger to plaintiff
Chase Home Finance LLC.
{¶ 2} For the reasons that follow, we find we do not have jurisdiction over this
foreclosure action.
{¶ 3} Appellant has appealed only the trial court’s ruling on his motion for
extension of time but not the order confirming the sale.
{¶ 4} Ohio law provides that appellate courts have jurisdiction to review only final
orders or judgments. See, generally, Section 3(B)(2), Article IV, Ohio Constitution; R.C.
2505 .02. If an order is not final and appealable, then an appellate court has no
jurisdiction to review the matter and it must be dismissed.
{¶ 5} Revised Code 2505.02 states, in relevant part:
(B) 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:
{¶ 6} (1) An order that affects a substantial right in an action that in
effect determines the action and prevents a judgment;
{¶ 7} (2) An order that affects a substantial right made in a special
proceeding or upon a summary application in an action after judgment;
{¶ 8} (3) An order that vacates or sets aside a judgment or grants a new
trial;
{¶ 9} (4) An order that grants or denies a provisional remedy and to
which both of the following apply:
{¶ 10} (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.
{¶ 11} (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.***”
{¶ 12} We find the order appealed from is not a final appealable
order and we lack jurisdiction to review it.
{¶ 13} The appeal is dismissed.
By Gwin, P.J.,
Hoffman, J., and
Wise, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. JOHN W. WISE
IN THE COURT OF APPEALS FOR DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
CHASE HOME FINANCE, LLC :
:
Plaintiff-Appellee :
:
:
-vs- : JUDGMENT ENTRY
:
GILBERT FORD, ET AL :
:
:
Defendant-Appellant : CASE NO. 2011-CAE 10 0096
For the reasons stated in our accompanying Memorandum-Opinion, the appeal is
dismissed for lack of jurisdiction. Costs to appellant.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. JOHN W. WISE