Konstand v. Barberton, Unpublished Decision (12-31-2003)

DECISION AND JOURNAL ENTRY

{¶ 1} Appellants, the City of Barberton and Donald Kishton, appeal from the decision of the Summit County Court of Common Pleas which denied their motion for summary judgment. For reasons stated below, we dismiss the appeal for lack of a final, appealable order.

{¶ 2} On February 20, 2001, Helen Reeves ("Reeves"), filed suit against Appellants. Shortly thereafter, Reeves passed away and the trial court substituted Appellee, Dean Konstand, the administrator of the Reeves estate, as plaintiff. Additionally, Appellee was permitted to amend the complaint so that a…