DiLoreto v. Shellenberger

This matter is before us on plaintiff’s amended motion to dismiss defendant’s appeal for the reason there is no final order from which to appeal; and that a court has no authority to grant a motion for judgment notwithstanding the disagreement of the jury.

The trial court found that the jury was unable to arrive at a verdict, and that the issues in the case presented questions of fact for a jury and ordered the case to the trial list. •

Plaintiff cites the case of Carroll Cole & Motors Ins. Corp., v. James Huntington, 49 Ohio Opinions, 166, as authority for the trial judge refusing to grant a…