Polikoff v. Adam

In deciding this case, we are once again asked to define the characteristics of a final, appealable order. R.C. 2505.02 defines a “final order” as “[a]n order that affects a substantial right in an action which in effect determines the action and prevents a judgment, an order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment, or an order that vacates or sets aside a judgment or grants a new trial.”

Generally, an order denying a motion to dismiss is not a final order. Appellants, however, assert that the order denying their…