Jones v. Jones , 2021 Ohio 4263 ( 2021 )

[Cite as Jones v. Jones, 2021-Ohio-4263.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
GEAUGA COUNTY
MOLLY A. JONES, CASE NO. 2021-G-0028
Plaintiff-Appellee,
Civil Appeal from the
-v- Court of Common Pleas
JEREMY J. JONES,
Trial Court No. 2019 DC 000752
Defendant-Appellant.
MEMORANDUM
OPINION
Decided: December 6, 2021
Judgment: Appeal dismissed
Jill Friedman Helfman, Taft, Stettinius & Hollister, LLP, 200 Public Square, Suite 3500,
Cleveland, OH 44114 and Dennis J. Ibold, Ibold & O’Brien, 401 South Street, Chardon,
OH 44024 (For Plaintiff-Appellee).
Joseph G. Stafford and Nicole A. Cruz, Stafford Law Co., LPA, 55 Erieview Plaza, 5th
Floor, Cleveland, OH 44114 (For Defendant-Appellant).
Ann M. D’Amico, Law Offices of Michael J. Caticchio, 6579 Wilson Mills Road, Macy
House, Mayfield Village, OH 44143 (Guardian Ad Litem).
MATT LYNCH, J.
{¶1} Appellant, Jeremy J. Jones, through counsel, filed an appeal from an
October 8, 2021 order, in which a magistrate from the Geauga County Court of Common
Pleas issued certain scheduling orders regarding the show cause motion, trial, temporary
support, and discovery. The instant appeal ensued.
{¶2} Appellee, Molly A. Jones, through counsel, filed a motion to dismiss the
appeal for lack of a final appealable order. Appellee amended her motion to dismiss due
to a typographical error in the motion. Appellant filed a brief in opposition to the motion
and a “Memorandum of Substantial Rights Being Infringed.”
{¶3} Initially, we must determine whether there is a final appealable order since
this court may entertain only those appeals from final judgments or orders. Noble v.
Colwell, 44 Ohio St.3d 92, 96 (1989). Under Section 3(B)(2), Article IV of the Ohio
Constitution, a judgment of a trial court can be immediately reviewed by an appellate court
only if it constitutes a “final order” in the action. Germ v. Fuerst, 11th Dist. Lake No. 2003-
L-116, 2003-Ohio-6241, ¶ 3. 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. Gen.
Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989).
{¶4} R.C. 2505.02(B) defines a “final order” and sets forth seven categories of
appealable judgment, and if the judgment of the trial court satisfies any of them, it will be
deemed a “final order” and can be immediately appealed and reviewed. Here, the
October 6, 2021 order and amended order do not fit within any of the categories for being
a final order pursuant to R.C. 2505.02(B) and did not dispose of all the claims.
{¶5} “* * * [A] magistrate may enter orders without judicial approval if necessary
to regulate the proceedings and if not dispositive of a claim or defense of a party.” See
Civ.R. 53(D)(2)(a)(i). This court has also stated that a magistrate order requires trial court
approval if it disposes of a party’s claim. Tran v. Tran, 11th Dist. Geauga No. 2019-G-
0228, 2020-Ohio-241, ¶ 6.
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{¶6} Further, we have held that “[a]lthough magistrate’s orders are effective
without judicial approval, they are not directly appealable.” Walsh v. Walsh, 11th Dist.
Ashtabula No. 2020-A-0050, 2020-Ohio-6998, ¶ 6. Hence, a magistrate’s order is simply
interlocutory by nature. Id.{¶7} In the present case, the October 8, 2021 magistrate’s order is not a final
appealable order. Therefore, we do not have jurisdiction to hear this appeal. Since the
magistrate’s order has not yet received “judicial approval,” it remains an interlocutory
order and may be reconsidered upon the court’s own motion or that of a party. Nothing
is preventing appellant from obtaining effective relief through an appeal once the trial
court has entered a final judgment in this action.
{¶8} Accordingly, appellee’s motion to dismiss and amended motion to dismiss
are hereby granted, and this appeal is dismissed for lack of jurisdiction.
{¶9} Appeal dismissed.
MARY JANE TRAPP, P.J.,
JOHN J. EKLUND, J.,
concur.
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