Legal Opinion · Dissent

Eiland v. Coldwell Banker Hunter Realty

Ohio Court of Appeals

Decided August 25, 1997No. 71369Published

1DissentO’Donnell, Judge

I respectfully decline to participate in deciding this case on its merits, since I believe this court lacks jurisdiction to do so.

The Constitution of the state of Ohio provides in Section 3(B)(2), Article IV:

“Courts of appeals shall have such jurisdiction * * * to review and affirm, modify, or reverse judgments or final orders of the courts of record inferior to the court of appeals * * *.” (Emphasis added.)

Similarly, R.C. 2505.03(A) provides for review on appeal of “[e]very final order, judgment, or decree of a court.” (Emphasis added.)

While a judgment determines all of the claims of all of…

2Cases cited12 opinions

  1. Noble v. ColwellOhio Supreme Court · 1989
  2. Ethridge V. Harbor House RestaurantCourt of Appeals for the Ninth Circuit · 1988
  3. General Signal Corporation, Plaintiff-Appellant-Cross-Appellee v. MCI Telecommunications Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 1995
  4. Exxon Corporation v. Maryland Casualty CompanyCourt of Appeals for the Fifth Circuit · 1979
  5. Donald D. Gronholz v. Sears, Roebuck and Co.Court of Appeals for the Federal Circuit · 1987

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