Rockaway Park Holdings Corp. v. Davey Kent, Inc. , 2018 Ohio 4728 ( 2018 )

[Cite as Rockaway Park Holdings Corp. v. Davey Kent, Inc., 2018-Ohio-4728.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY, OHIO
ROCKAWAY PARK HOLDINGS CORP., : MEMORANDUM OPINION
Plaintiff-Appellee, :
CASE NO. 2018-P-0073
- vs - :
DAVEY KENT, INC., :
Defendant, :
J. THOMAS MYERS, II, :
Defendant-Appellant. :
Civil Appeal from the Portage County Court of Common Pleas, Case No. 2017 CV
00988.
Judgment: Appeal dismissed.
Aaron Matthew Cole, Thomas & Thomas, 2323 Park Avenue, Cincinnati, OH 45206 (For
Plaintiff-Appellee).
J. Thomas Myers, II, pro se, 200 West Williams Street, Kent, OH 44240 (Defendant-
Appellant).
TIMOTHY P. CANNON, J.
{¶1} On September 28, 2018, appellant, J. Thomas Myers, II, filed a notice of
appeal from an August 31, 2018 entry of the Portage County Court of Common Pleas. In
that entry, the trial court overruled appellant’s motion to dismiss for improper venue and
lack of personal jurisdiction.
{¶2} On October 22, 2018, appellee, Rockaway Park Holdings Corp., filed a
motion to dismiss the appeal for lack of a final appealable order. Appellee posits that
appellant has appealed from the denial of a motion to dismiss, which is not a final order
within the meaning of R.C. 2505.02.
{¶3} Appellant filed no response to the motion to dismiss the appeal.
{¶4} For this court to have jurisdiction over this matter, the appealed entry must
be final and appealable pursuant to R.C. 2505.02. This court has held that an order
denying a motion to dismiss not a final appealable order. Stanek v. Stanek, 11th Dist.
Lake No. 2009-Ohio-6859; see, also, Ferrell v. Standard Oil Co. of Ohio, 11 Ohio St. 3d
169, 171 (1984).
{¶5} Based upon the foregoing analysis, the judgment of the trial court in this
matter is not a final appealable order. Thus, this court is without jurisdiction to consider
this appeal. Appellee’s motion to dismiss is granted, and this appeal is hereby dismissed
for lack of a final appealable order.
{¶6} Appeal dismissed.
DIANE V. GRENDELL, J.,
CYNTHIA WESTCOTT RICE, J.,
concur.
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