In re the Estate of Bond ( 2017 )

[Cite as In re the Estate of Bond, 2017-Ohio-9076.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF WAYNE )
IN RE THE ESTATE OF C.A. No. 16AP0063
MILDRED BOND
APPEAL FROM JUDGMENT
ENTERED IN THE
COURT OF COMMON PLEAS
COUNTY OF WAYNE, OHIO
CASE No. 2016 PB-V 000367
DECISION AND JOURNAL ENTRY
Dated: December 18, 2017
TEODOSIO, Judge.
{¶1} Jonnie Bond appeals the order of the Wayne County Court of Common Pleas,
Probate Division, entered on September 2, 2016, granting Amanda K. Slyder’s application to
administer the estate of Mildred Bond. We dismiss this attempted appeal for lack of jurisdiction.
{¶2} This Court is obligated to raise sua sponte questions related to our jurisdiction.
Whitaker-Merrell Co. v. Geupel Constr. Co., Inc., 29 Ohio St. 2d 184, 186 (1972). We only have
jurisdiction to hear appeals from final judgments. Ohio Constitution, Article IV, Section
3(B)(2); R.C. 2501.02. In the absence of a final, appealable order, this Court must dismiss the
appeal for lack of subject matter jurisdiction. Lava Landscaping, Inc. v. Rayco Mfg., Inc., 9th
Dist. Medina No. 2930-M, 2000 Ohio App. LEXIS 176, *1 (Jan. 26, 2000).
{¶3} We have previously determined that an order appointing an administrator of an
estate is not a final and appealable order. In re Estate of Thomas, 9th Dist. Summit No. 27177,
2014-Ohio-3481, ¶ 9. See also In re Estate of Griffa, 9th Dist. Summit No. 25987, 2012-Ohio-
2
904, ¶ 9-10. Because appellant is challenging the trial court’s order granting Ms. Slyder’s
application to administer the estate, we conclude that we are without jurisdiction to consider the
appeal.
{¶4} The appeal is dismissed for lack of jurisdiction.
Appeal dismissed.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
THOMAS A. TEODOSIO
FOR THE COURT
SCHAFER, P. J.
CARR, J.
CONCUR.
APPEARANCES:
JOHN C. OBERHOLTZER, Attorney at Law, for Appellant.
ROBERT J. REYNOLDS, Attorney at Law, for Appellee.