DocketNumber: No. 03CA41.
Citation Numbers: 2004 Ohio 2026
Judges: ROGER L. KLINE, PRESIDING JUDGE.
Filed Date: 4/9/2004
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 3} By a journal entry issued on June 24, 2003, the court found that Washington County Children Services had made reasonable efforts to prevent Kyra and Jeffrey's continued removal from their home, and that it was in the best interest of the children to remain in the temporary custody of Amanda and Denny VanFossen. The court granted visitation to the fathers and to VanFossen. The trial court did not address the issue of child support. However, the record reflects that the court scheduled a child support hearing for a later date.
{¶ 4} With regard to Michael Nichols, the court found that it is in the best interest of Michael to be placed in the legal custody of Norman Nichols, Sr. and Charlotte Nichols, and ordered that he be placed in their custody, subject to protective supervision by Washington County Children Services. The journal entry contains a stamp at the bottom of the first page that reads "FINAL APPEALABLE ORDER Notify Parties."
{¶ 5} VanFossen appeals the disposition of Michael. Specifically, VanFossen contends that she did not receive effective assistance of counsel, that the trial court erred by allowing the introduction of highly prejudicial evidence against her, and that the trial court's judgment is against the manifest weight of the evidence and an abuse of discretion.
{¶ 7} To be a final appealable order, an order must meet both the requirements of Civ.R. 54(B), if applicable, and R.C.
{¶ 8} Here, we find that the trial court's order is not final and appealable because it does not dispose of all of the claims, rights and liabilities of all the parties. Specifically, the order does not address the issue of child support with regard to Kyra and Jeffrey. Because the entry appealed from disposed of fewer than all of the claims and because the trial court did not certify under Civ.R. 54(B) that there was no just cause for delay, the entry is not final and appealable. Hence, we lack jurisdiction to consider this appeal. Accordingly, we must dismiss this appeal for lack of a final appealable order.
Appeal Dismissed.
Harsha and Abele, JJ., concur in judgment and opinion.
JUDGMENT ENTRY.
It is ordered that the APPEAL BE DISMISSED and that Appellee shall recover of Appellant costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Washington County Court of Common Pleas, Juvenile Division, 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.
Exceptions.
Harsha, J. and Abele, J.: Concur in Judgment and Opinion.