Myers v. City of Toledo

{¶ 1} This appeal requires us to answer the following question certified to us as a conflict: “Is a ruling which grants a Civ.R. 35(A) motion for a physical or mental examination made in a special proceeding such as a divorce case or worker’s [sic] compensation case, a final appealable order under either R.C. 2505.02(B)(2) or R.C. 2505.02(B)(4)?” We answer the question in the negative. An order granting a physical or medical examination, made in a special proceeding, is not a final, appealable order.

I

{¶ 2} Appellee, Kenneth Myers, was an employee of the city of Toledo, working as a…