Bernbaum v. Silverstein

The sole issue herein is whether an order overruling a motion to disqualify counsel is a final order, subject to appeal under Section 3(B)(2), Article IV of the Ohio Constitution.1 As it pertains to this cause, R. C. 2505.02 defines a final order as “***an order affecting a substantial right made in a special proceeding***.” (Emphasis added.) Resolution of this matter depends on whether the instant order was one made in a “special proceeding.”2

In Missionary Society v. Ely (1897), 56 Ohio St. 405, 407, the following distinction was drawn between ordinary actions and special proceedings:

“***[W]e…