Legal Opinion

Pinson v. Triplett

Ohio Court of Appeals

Decided April 21, 1983No. 83AP-106PublishedCited by 5 opinions

1Opinion of the CourtNorRIS, J.

Defendants appeal from an order of the Court of Common Pleas of Franklin County overruling their motion to vacate a “default judgment” rendered against them. The entry sought to be vacated recites failure of defendants to plead or defend, grants default judgment on the issue of liability, and sets a future hearing on the issue of damages.

Because that order is not a final ap-pealable order (Fireman’s Fund Ins. Co. v. BPS Co. [1982], 4 Ohio App. 3d 3), the order declining to vacate it cannot be a final appealable order. Accordingly, this appeal must be dismissed, sua sponte. See…

2Cases cited2 opinions

  1. Whitaker-Merrell Co. v. Carl M. Geupel Construction Co.Ohio Supreme Court · 1972
  2. Fireman's Fund Insurance Companies v. BPS Co.Ohio Court of Appeals · 1982

3Cited by5 opinions

  1. State ex rel. Board of State Teachers Retirement System v. DavisOhio Supreme Court · 2007
  2. Barry v. LindnerNevada Supreme Court · 2003
  3. Schelich v. Theatre Effects, Inc.Ohio Court of Appeals · 1996
  4. Gochenour v. Norcia, Unpublished Decision (9-23-2005)Ohio Court of Appeals · 2005
  5. Mynes v. Brooks, 07ca3185 (10-27-2008)Ohio Court of Appeals · 2008

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