[Cite as Mundy v. Mundy, 2014-Ohio-1678.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
EDWARD L. MUNDY, : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2013-P-0102
- vs - :
ELAINE M. MUNDY, et al., :
:
Defendants-Appellants.
Civil Appeal from the Portage County Court of Common Pleas.
Case No. 2012 CV 0842.
Judgment: Appeal dismissed.
Robert W. Eckinger, Eckinger Law Offices, Ltd., 1201 30th Street, N.W., Suite 101B,
Canton, OH 44709 (For Plaintiff-Appellee).
Matthew C. Giannini, 1040 South Common Place, Suite 200, Youngstown, OH 44514
(For Defendants-Appellants).
TIMOTHY P. CANNON, P.J.
{¶1} On December 16, 2013, defendants-appellants, Elaine M. Mundy,
individually and as successor co-trustee; the Robert G. Hewitt Jr. Living Trust; Elena
Mundy, a minor child; and Faith Mundy, a minor child, filed their notice of appeal. This
appeal emanates from the November 19, 2013 judgment entry of the Portage County
Court of Common Pleas, granting partial summary judgment in favor of plaintiff-
appellee, Edward L. Mundy.
{¶2} A review of the record in this matter reveals that appellee filed a complaint
on July 20, 2012, against the foregoing appellants, as well as other defendants, Thomas
M. Mundy, Bradford W. Levicky, and the Portage County Recorder. Appellants filed an
answer and counterclaim against appellee on October 30, 2012.
{¶3} Appellee filed a partial motion for summary judgment against all of the
defendants on September 24, 2013. In the November 19, 2013 judgment entry, the trial
court granted the partial summary judgment in favor of appellee and against appellants.
However, the court did not rule on the partial motion for summary judgment as to the
other defendants, Thomas M. Mundy, Bradford W. Levicky, and the Portage County
Recorder. The trial court also did not dispose of the counterclaim filed by appellants.
{¶4} On March 12, 2014, this court ordered the parties to show cause why this
appeal should not be dismissed for lack of a final, appealable order. On March 19,
2014, appellant filed a brief in support of a final, appealable order.
{¶5} This court may entertain only those appeals from final judgments or
orders. Noble v. Colwell, 44 Ohio St.3d 92, 96 (1989). According to Section 3(B)(2),
Article IV of the Ohio Constitution: “Courts of appeals shall have such jurisdiction as
may be provided by law to review and affirm, modify, or reverse judgments or final
orders of the courts of record inferior to the court of appeals within the district * * *.”
R.C. 2505.02 establishes the types of judgments or orders that this court has jurisdiction
to hear and decide. If a lower court’s order does not comport with one of these
categories, an appellate court does not have jurisdiction to review the matter, and the
matter must be dismissed. Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17,
20 (1989).
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{¶6} In addition, for a judgment to be final and appealable, it must also satisfy
the requirements of Civ.R. 54(B) where applicable. See Children’s Hosp. Med. Ctr. v.
Tomaiko, 11th Dist. Portage No. 2011-P-0103, 2011-Ohio-6838, ¶3. Civ.R. 54(B)
provides the following:
When more than one claim for relief is presented in an action
whether as a claim, counterclaim, cross-claim, or third-party claim,
and whether arising out of the same or separate transactions, or
when multiple parties are involved, the court may enter final
judgment as to one or more but fewer than all of the claims or
parties only upon an express determination that there is no just
reason for delay. In the absence of a determination that there is no
just reason for delay, any order or other form of decision, however
designated, which adjudicates fewer than all the claims or the rights
and liabilities of fewer than all the parties, shall not terminate the
action as to any of the claims or parties, and the order or other form
of decision is subject to revision at any time before the entry of
judgment adjudicating all the claims and the rights and liabilities of
all the parties.
{¶7} With few exceptions, where there are multiple claims and/or parties
involved, an entry entering judgment as to one or more but fewer than all of the claims
or parties is not a final, appealable order in the absence of Civ.R. 54(B) language
stating that “there is no just reason for delay[.]” Meffe v. Griffin, 11th Dist. Trumbull No.
2012-T-0032, 2012-Ohio-3642, ¶11. See also Elia v. Fisherman’s Cove, 11th Dist.
Trumbull No. 2010-T-0036, 2010-Ohio-2522, ¶6.
{¶8} Here, the trial court granted appellee’s partial motion for summary
judgment as to some of the defendants with regard to only one of the claims in
appellee’s complaint, to wit: the declaratory judgment request. In granting judgment in
favor of appellee on this claim, it is clear other issues remain pending that are directly
related to this request, such as potential damages. Without the inclusion of Civ.R. 54(B)
language, no final, appealable order exists at this time.
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{¶9} Based upon the foregoing analysis, this appeal is hereby dismissed due to
lack of a final, appealable order.
DIANE V. GRENDELL, J.,
CYNTHIA WESTCOTT RICE, J.,
concur.
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