DocketNumber: No. 2006-T-0041.
Citation Numbers: 2006 Ohio 3079
Judges: DONALD R. FORD, P.J.
Filed Date: 6/16/2006
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 2} In the March 2, 2006 judgment entry, the trial court ordered that on or before March 15, 2006, the parties were to file a brief memorandum specifically setting forth the issues to be addressed by the trial court that were not addressed in the August 26, 2003 divorce decree. It is from that entry that appellant filed her notice of appeal.
{¶ 3} According to Section
{¶ 4} "An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following:
{¶ 5} "(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;
{¶ 6} "(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;
{¶ 7} "(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶ 8} "(4) An order that grants or denies a provisional remedy and to which both of the following apply:
{¶ 9} "(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.
{¶ 10} "(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.
{¶ 11} "(5) An order that determines that an action may or may not be maintained as a class action;
{¶ 12} (6) An order determining the constitutionality of any changes to the Revised Code * * *."
{¶ 13} In the instant matter, the trial court's March 2, 2006 order does not fit within any of the categories of R.C.
{¶ 14} Based upon the foregoing analysis, this appeal is not a final appealable order.
{¶ 15} Appeal dismissed.
O'Neill, J., Grendell, J., concur.