Charter One Bank v. Tutin, Unpublished Decision (3-23-2006)
Ohio Court of Appeals
1Concurrence
{¶ 6} While I agree that the trial court's failure to find no just cause for delay precludes our review of this appeal, I write separately to note that this decision puts the appellants in an extremely difficult position. Ohio Supreme Court authorities have made clear that the order of foreclosure is the final order from which an appeal should be taken, that an appeal from an order of confirmation and distribution is untimely. Third Nat'l. Bank ofCircleville v. Speakman (1985), 18 Ohio St.3d 119; Oberlin Sav.Bank v. Fairchild (1963), 175 Ohio St.3d 311. Yet, if the foreclosure order does not…
2Cases cited2 opinions
- Third National Bank v. SpeakmanOhio Supreme Court · 1985
- United Companies Lending Corp. v. RobinsonOhio Court of Appeals · 1999