Legal Opinion · Dissent

Davis v. Border

Ohio Court of Appeals

Decided February 16, 2007No. Nos. 2004-T-0051 and 2004-T-0060Published

1DissentWilliam M. O’Neill, Judge

{¶ 60} I disagree with the majority’s conclusion regarding Allstate’s second assignment of error. The majority holds that the trial court’s judgment entry denying Allstate’s motion to intervene was not a final, appealable order, because it lacked Civ.R. 54(B) language. On August 26, 2004, this court issued a judgment entry concluding that the trial court’s denial of Allstate’s motion to intervene was a final, appealable order. This court cited Fairview Gen. Hosp. v. Fletcher in support of its conclusion. 3 Further, this court specifically concluded that the absence of Civ.R. 54(B) language…

2Cases cited19 opinions

  1. Nolan v. NolanOhio Supreme Court · 1984
  2. State ex rel. Special Prosecutors v. JudgesOhio Supreme Court · 1978
  3. State v. MuncieOhio Supreme Court · 2001
  4. In re S.J.Ohio Supreme Court · 2005
  5. Hopkins v. DyerOhio Supreme Court · 2004

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