DocketNumber: No. 2006-CA-11.
Judges: GWIN, P.J.
Filed Date: 1/5/2007
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 2} On October 24, 2005, the trial court granted default judgment in favor of appellant on his complaint as a sanction against appellee for failure to comply with the court's prior discovery orders. The court's judgment entry states in pertinent part: "Upon consideration, therefore, a Default Judgment in favor of Plaintiff on his complaint. This court further orders that a hearing on damages and on an award of attorney fees to Plaintiff will take place on Friday, November 4, 2005 at 10:00 a.m. in this matter."
{¶ 3} The record indicates the court later continued the hearing on damages, and then on January 18, 2006, granted appellee's motion to vacate the judgment.
{¶ 4} A default judgment which determines the issue of liability but continues the matter for a determination of damages is not a final judgment, Prather v. American Medical Response, Inc., 2002 Ohio 5261 at ¶ 10, citing Schelich v. Theatre Effects, Inc. (1996),
{¶ 5} Section III, (B)(2), Article
By Gwin, P.J., Edwards, J., and Boggins, J., concur.