DocketNumber: No. 89899.
Citation Numbers: 2008 Ohio 3984
Judges: ANTHONY O. CALABRESE, JR., P.J.<page_number>Page 3</page_number>
Filed Date: 8/7/2008
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 1} Defendant Antoinette M. Stone (appellant) appeals the court's granting summary judgment to Ameriquest Mortgage Company in this foreclosure case. After reviewing the facts of the case and pertinent law, we dismiss for lack of a final appealable order.
{¶ 3} Sua sponte, we dismiss the instant appeal for lack of a final appealable order. The trial court merely adopted the magistrate's decision without separately stating its own judgment, in violation of Civ. R. 53(E)(5). See In re Zinni, Cuyahoga App. No. 89599,
Appeal dismissed.
It is ordered that appellee recover from appellants costs herein taxed. *Page 4
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
PATRICIA ANN BLACKMON, J., CONCURS;
MELODY J. STEWART, J., DISSENTS WITH SEPARATE OPINION