Lambert v. Global Internatl. Servs. , 2023 Ohio 350 ( 2023 )

[Cite as Lambert v. Global Internatl. Servs., 2023-Ohio-350.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
THOMAS LAMBERT, CASE NO. 2022-P-0050
Plaintiff-Appellant/
Cross-Appellee, Civil Appeal from the
Court of Common Pleas
- vs -
GLOBAL INTERNATIONAL Trial Court No. 2020 CV 00325
SERVICES, et al.,
Defendants,
HAPNEL FINANCIAL
GROUP, INC.,
Defendant-Appellee/
Cross-Appellant.
MEMORANDUM
OPINION
Decided: February 6, 2023
Judgment: Appeal and Cross-Appeal dismissed
Michael L. Fine, Frederick & Berler LLC, 767 East 185th Street, Cleveland, OH 44119
(For Plaintiff-Appellant/Cross-Appellee).
Jeffrey W. Krueger, J. W. Krueger, LLC, 11925 Pearl Road, Suite 201, Strongsville, OH
44136 (For Defendant-Appellee/Cross-Appellant).
JOHN J. EKLUND, P.J.
{¶1} Appellant, Thomas Lambert, appeals from the August 17, 2022 order of the
Portage County Court of Common Pleas, which certified the Court’s July 15, 2022 order
as final and found no just cause for delay. Appellee, Hapnel Financial Group, Inc., filed
a cross-appeal from that same order. As discussed below, we dismiss the appeal and
cross-appeal for lack of a final appealable order.
{¶2} The underlying matter pertains to a class action lawsuit filed by Mr. Lambert
in 2020, against Global International Services, Global Management Acquisition Firm, Inc.,
Hapnel Financial Group, Inc., and four John Does related to the defendants’ debt-
collection practices. Mr. Lambert alleges violations of Ohio’s Consumer Sales Practices
Act, the Fair Debt Collection Practices Act, and the Telephone Consumer Protection Act.
{¶3} On July 15, 2022, the trial court entered an order and judgment entry
granting Hapnel’s motion to dismiss and finding that Mr. Lambert did not prove by a
preponderance of the evidence that the court had personal jurisdiction over Hapnel. The
court further denied Mr. Lambert’s Civ.R. 11 motion for sanctions, ordered Hapnel to pay
$8,335.72 in attorney’s fees to Mr. Lambert’s counsel, and also sanctioned a non-party,
Nelson Adesegha. Mr. Lambert moved for certification of the court’s order as final, which
the court granted in its August 17, 2022 order. It is from that order that Mr. Lambert
appeals, and Hapnel cross-appeals.
{¶4} Upon Hapnel’s motion, this court remanded the matter to the lower court for
it to rule on two pending motions to vacate, which were both filed by Hapnel on August
22, 2022. On remand, the court vacated its August 17, 2022 order, but it did not address
one of Hapnel’s motions.
{¶5} Given the disposition on remand, on October 27, 2022, this court issued a
judgment entry ordering the parties to show cause as to why the appeal and cross-appeal
should not be dismissed for lack of jurisdiction. Specifically, this court found that “[s]ince
there is no longer a finding by the trial court that there is no just reason for delay, and
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neither the class action nor any claim has * * * been resolved, no final appealable order
exists under R.C. 2505.02.”
{¶6} In response, Hapnel asked that we remand the matter to the trial court for
a ruling on its Motion to Vacate Void Judgment, as directed by this court in its October 6,
2022 judgment entry. Similarly, Mr. Lambert asked that we extend the remand to the trial
court for it to issue a new ruling on his Civ.R. 54 Motion for Certification of the Trial Court’s
July 15, 2022 order and judgment entry.
{¶7} Appellate courts have jurisdiction over final orders or judgments of lower
courts within their appellate districts. Section 3(B)(2), Article IV, Ohio Constitution. “If a
lower court’s order is not final, then an appellate court does not have jurisdiction to review
the matter, and the matter must be dismissed.” Arnold v. Arnold, 11th Dist. Geauga No.
2021-G-0026, 2021-Ohio-4186, ¶3, citing Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44
Ohio St.3d 17, 20 (1989). “For a judgment to be final and appealable, it must satisfy the
requirements of R.C. 2505.02 and if applicable, Civ.R. 54(B).” Viers v. Kubach, 11th Dist.
Lake No. 2021-L-015, 2021-Ohio-1135, ¶3, citing Children’s Hosp. Med. Ctr. v. Tomaiko,
11th Dist. Portage No. 2011-P-0103, 2011-Ohio-6838, ¶3. Civ.R. 54(B) states in pertinent
part: “When more than one claim for relief is presented in an action * * *, 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.”
{¶8} The lower court decision on remand vacated the order the parties appealed.
It is undisputed that the lower court has not disposed of all claims by and against all
parties. With the August 17, 2022 order vacated, there is no express determination that
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there is “no just reason for delay,” pursuant to Civ.R. 54(B). Accordingly, there is no final
appealable order before this court.
{¶9} Though both parties ask us to remand the matter to the lower court, this
court lacks the jurisdiction to do so. While we are mindful of judicial economy, this matter
must be dismissed for lack of final appealable order. See Harrell v. Management and
Training Corp., 1st Dist. Hamilton No. C-180417, 2019-Ohio-2816, ¶ 13 (“While we are
certainly mindful of judicial economy, we cannot tinker with our jurisdictional limits simply
because the judicial economy winds blow in a particular direction. We must adhere to the
constitutional and statutory constraints on our jurisdiction.”)
{¶10} In light of the foregoing, the instant appeal and cross-appeal are sua sponte
dismissed for lack of a final appealable order.
MARY JANE TRAPP, J.,
MATT LYNCH, J.,
concur.
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