DocketNumber： No. 4564
Citation Numbers： 61 Ohio Law. Abs. 399, 104 N.E.2d 598, 1951 Ohio App. LEXIS 917
Judges： Hornbeck, Miller, Wiseman
Filed Date： 3/22/1951
Status： Precedential
Modified Date： 10/18/2024
OPINION
Submitted upon motion by the defendants-appellees seeking an order dismissing the appeal for the reason that the order from which the appeal is taken is not a final order. The record reveals that on January 17, 1951, the Court sustained a demurrer to the petition allowing the plaintiff-appellant to file an amended petition within rule. Instead of so doing a notice of appeal was filed without an order dismissing the action. An order sustaining a general demurrer to the petition without dismissing the action is not a final order. Davis v. Moor, 86 Oh Ap 213. The motion will be sustained.