In re 36370 Vine St.

[Cite as In re 36370 Vine St., 2019-Ohio-3448.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY, OHIO
IN RE: 36370 VINE ST. MEMORANDUM OPINION
CASE NO. 2019-L-041
Civil Appeal from the Willoughby Municipal Court, Case No. 2019 MIS 00001.
Judgment: Appeal dismissed.
J. Jeffrey Holland and Danamarie Kristyna Pannella, Holland and Muirden, 1343 Sharon-
Copley Road, P.O. Box 345, Sharon Center, OH 44274 (For Plaintiff-Appellee).
Michela J. Huth, P.O. Box 17, Bolivar, OH 44612 ( For Appellant).
MATT LYNCH, J.
{¶1} On May 8, 2019, appellant, Nadine Bechtel,1 filed a notice of appeal from a
May 3, 2019 “Journal Entry” from the Willoughby Municipal Court. However, the “entry”
was signed by the court’s magistrate.
{¶2} On June 13, 2019, this court issued an entry ordering appellant to show
cause why the appeal should not be dismissed since the appeal is premature because
the trial court has not issued an entry deciding the case and setting forth its ruling. On
June 20, 2019, appellant filed a response to our entry.
1It is unclear and we are not making a determination at this time as to whether appellant is a proper party
or has standing in this matter.
{¶3} Initially, we must determine whether there is a final, appealable order, as
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). For a judgment to be
final and appealable, it must satisfy the requirements of R.C. 2505.02 and if applicable,
Civ.R. 54(B). See Children’s Hosp. Med. Ctr. v. Tomaiko, 11th Dist. Portage No. 2011-
P-0103, 2011-Ohio-6838, ¶ 3.
{¶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 by a court of
appeals.
{¶5} Here, the May 3, 2019 “Journal Entry” was signed by the magistrate, not by
a judge.
{¶6} “* * * [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 had previously stated that magistrate orders require trial
court approval if they dispose of a party’s claim. In the Matter of Dougherty, 11th Dist.
Ashtabula No. 2013-A-0023, 2013-Ohio-2841, ¶ 4.
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{¶7} This court has also held that there is no final judgment where the trial court
fails to both adopt the magistrate’s decision and enter judgment stating the relief to be
afforded because “orders are not court orders unless certain formalities are met.” Id. at
¶ 5. Only judges, not magistrates, may terminate claims or actions by entering judgment.
Id.
{¶8} In this matter, the magistrate issued an “entry,” but the trial court failed
to enter judgment stating the relief to be afforded. At this juncture, there is no entry issued
by the trial court that fits within any of the categories of R.C. 2505.02. Thus, there is no
final appealable order, and this court does not have jurisdiction to hear this appeal. Since
the “entry” signed by magistrate has not yet received “judicial approval” pursuant Civ.R.
53(D)(2)(a)(i), 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 the action.
{¶9} Based upon the foregoing analysis, the judgment of the trial court is not a
final appealable order. Accordingly, this appeal is hereby dismissed for lack of
jurisdiction.
{¶10} Appeal dismissed.
CYNTHIA WESTCOTT RICE, J.,
TIMOTHY P. CANNON, J.,
concur.
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