State Automobile Mutual Insurance v. Titanium Metals Corp.

{¶ 1} This matter is before the court upon our acceptance of a discretionary appeal. It comes to us as an appeal from the trial court’s denial of a Civ.R. 12(B)(6) motion to dismiss that was affirmed by the court of appeals. Because the trial court’s journal entry was not a final, appealable order, we vacate the judgment of the court of appeals and remand to the trial court for further proceedings.

{¶ 2} The underlying complaint in this matter, filed by State Automobile Mutual Insurance Company (“State Auto”) on March 26, 2003, asserted a cause of action in negligence to recoup proceeds that…