Huntington Natl. Bank, N.A. v. Sussex Group, Ltd. ( 2011 )

[Cite as Huntington Natl. Bank, N.A. v. Sussex Group, Ltd., 2011-Ohio-3207.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
HUNTINGTON NATIONAL BANK, : Hon. W. Scott Gwin, P.J.
N.A. : Hon. John W. Wise, J.
: Hon. Patricia A. Delaney, J.
Plaintiff-Appellee :
:
-vs- : Case No. 2011-CA-00024
:
THE SUSSEX GROUP, LTD, ET AL :
: OPINION
Defendant-Appellant
CHARACTER OF PROCEEDING: Civil appeal from the Stark County Court of
Common Pleas, Case No. 2010CV00273
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: June 27, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JAMES M. MCHUGH JOHN A. MURPHY, JR.
AMANDA M. PAAR Millennium Centre, Ste. 300
MARIA C. KLUTINORTY 200 Market Avenue North
220 Market Avenue S., 8th Fl. Box 24213
Canton, OH 44702 Canton, OH 44701-4213
[Cite as Huntington Natl. Bank, N.A. v. Sussex Group, Ltd., 2011-Ohio-3207.]
Gwin, P.J.
{¶1} Defendants-appellants the Sussex Group, Ltd, Schneider Lumber
Company, and Donald Schneider appeal a judgment of the Court of Common Pleas of
Stark County, Ohio, which issued a charging order to permit plaintiff-appellee the
Huntington National Bank N.A., to charge appellant Donald W. Schneider’s interest in
two corporations with payment on its unpaid judgment against him.
{¶2} Prior to proceeding on the merits, this court must determine whether it has
jurisdiction to review this case. The question can be raised by one of the parties or, as
here, sua sponte by the court. Chef Italiano Corp. v. Kent State Univ. (1989), 44 Ohio
St.3d 86, 541 N.E.2d 64.
{¶3} Pursuant to Section 3 (B)(2), Article IV of the Ohio Constitution, our
jurisdiction is limited to a review of final judgments. For a judgment to be final and
appealable it must satisfy R.C. 2505.02, and if applicable, Civ. R. 54 (B). Hitching v.
Weese, 77 Ohio St. 3d 390, 197-Ohio-290, 674 N.E. 2d 668 (Resnick, J., concurring)
citations deleted.
{¶4} The trial court’s judgment in the within directs that the charging order shall
act as an attachment on the shares of the two corporations, on any dividends or
distributions in the shares payable to appellant, and on any income, officer’s fees,
bonuses, distributions, salaries or dividends payable to appellant Schneider. The order
also prohibits any transfer of corporate shares pending further order of the court. The
court directed appellee to proceed with further action directly involving the shares of
stock through appropriate execution.
Stark County, Case No. 2011-CA-00024 3
{¶5} In Carnegie Companies, Inc. v. Summit Properties, Inc. 183 Ohio App. 3d
770, 2009-Ohio-4655, 918 N.E. 2d 1052, the Court of Appeals for the Ninth District
stated succinctly: “an order is not final until a trial court rules on all the issues
surrounding an award and leaving nothing outstanding for further determination.”
Carnegie Companies, at paragraph 18.
{¶6} The trial court’s entry here does not terminate the action, and
contemplates further proceedings. As such, we find the judgment appealed from is not a
final appealable order, and we have no jurisdiction to review the merits.
{¶7} The appeal is dismissed.
By Gwin, P.J.,
Wise, J., and
Delaney, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JOHN W. WISE
_________________________________
HON. PATRICIA A. DELANEY
WSG:clw 0609
[Cite as Huntington Natl. Bank, N.A. v. Sussex Group, Ltd., 2011-Ohio-3207.]
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
HUNTINGTON NATIONAL BANK, N.A. :
:
Plaintiff-Appellee :
:
:
-vs- : JUDGMENT ENTRY
:
THE SUSSEX GROUP, LTD, ET AL :
:
:
Defendant-Appellant : CASE NO. 2011-CA-00024
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. JOHN W. WISE
_________________________________
HON. PATRICIA A. DELANEY