Charnier v. Flowers

Appellees, plaintiffs in the trial court, made their motion to dismiss the appeal filed herein predicated upon the reason that this court lacks jurisdiction to entertain such an appeal.

The matter was tried to a jury in the Columbus Municipal Court, judgment was rendered for the appellant (defendant in the trial court), and a motion for a new trial, properly filed, was sustained.

Counsel for appellees calls attention to the case of Green v. Acacia Mutual Life Ins. Co. (1951), 156 Ohio St., 1, which held that an order of a trial court granting a new trial is not a final appealable order, and the…