Arnold v. Arnold ( 2021 )

[Cite as Arnold v. Arnold, 2021-Ohio-4186.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
GEAUGA COUNTY
GABRIEL ARNOLD, CASE NO. 2021-G-0026
Petitioner-Appellant,
Civil Appeal from the
-v- Court of Common Pleas
ABIGAIL ARNOLD,
Trial Court No. 2015 DK 000524
Petitioner-Appellee.
MEMORANDUM
OPINION
Decided: November 29, 2021
Judgment: Appeal dismissed
Joseph G. Stafford and Nicole A. Cruz, Stafford Law Co., LPA, 55 Erieview Plaza, 5th
Floor, Cleveland, OH 44114 (For Petitioner-Appellant).
Scott S. Rosenthal, Rosenthal, Thurman, Lane, North Point Tower, 1001 Lakeside
Avenue, Suite 1720, Cleveland, OH 44114 (For Petitioner-Appellee).
John V. Heutsche, John V. Heutsche Co., LPA, Hoyt Block Building, 700 West St. Clair
Avenue, Suite 220, Cleveland, OH 44113 (Guardian Ad Litem).
MARY JANE TRAPP, P.J.
{¶1} Appellant, Gabriel Arnold, through counsel, filed an appeal from an October
6, 2021 order and amended order issued on the same date, in which a magistrate from
the Geauga County Court of Common Pleas set forth a scheduling order.
{¶2} Appellee, Abigail Arnold, through counsel, filed a motion to dismiss the
appeal for lack of a final appealable order. 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, which was on the same day amended, does not fit within any of
the categories of 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 further 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.
{¶6} Furthermore, this court has also 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. Therefore, magistrate’s
orders are simply interlocutory by nature. Id.2
Case No. 2021-G-0026
{¶7} In the present case, neither the October 6, 2021 magistrate’s order nor
amended order are a final appealable order. Thus, this court does not have jurisdiction
to hear this appeal. Since the magistrate’s orders have not yet received “judicial
approval,” they remain interlocutory orders 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 is hereby granted, and this appeal
is dismissed for lack of jurisdiction.
{¶9} Appeal dismissed.
CYNTHIA WESTCOTT RICE, J.,
THOMAS R. WRIGHT, J.,
concur.
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Case No. 2021-G-0026