Pinson v. Triplett
Ohio Court of Appeals
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
- Whitaker-Merrell Co. v. Carl M. Geupel Construction Co.Ohio Supreme Court · 1972
- Fireman's Fund Insurance Companies v. BPS Co.Ohio Court of Appeals · 1982
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- Schelich v. Theatre Effects, Inc.Ohio Court of Appeals · 1996
- Gochenour v. Norcia, Unpublished Decision (9-23-2005)Ohio Court of Appeals · 2005
- Mynes v. Brooks, 07ca3185 (10-27-2008)Ohio Court of Appeals · 2008