Legal Opinion
In Re Mitchell
Ohio Court of Appeals
Decided February 14, 1994No. Nos. 64754 64755PublishedCited by 4 opinions
1Opinion of the Court
James D. Sweeney, Judge.
This case is dismissed sua sponte for lack of a final appealable order as required by Civ.R. 54(B). The journal entry of November 30, 1992, which purports to be the final order, does not bear the signature of the trial judge.
This court will not accept a rubber stamp in lieu of a judge’s signature. Civ.R. 58(A) clearly mandates that once a decision has been announced, the court shall cause the judgment to be prepared and sign the judgment. 1 As the judgment entry was not signed by the trial court, it is not a final appealable order, and is invalid for appellate…
2Cases cited4 opinions
- State Ex Rel. Industrial Commission v. DayOhio Supreme Court · 1940
- State v. GinocchioOhio Court of Appeals · 1987
- William Cherry Trust v. HofmannOhio Court of Appeals · 1985
- Brackmann Communications, Inc. v. RitterOhio Court of Appeals · 1987
3Cited by4 opinions
- Smith v. Platinum Property Mgt.Ohio Court of Appeals · 2024
- Bandy v. VillanuevaOhio Court of Appeals · 2012
- Boulder Capital Group, Inc. v. LawsonOhio Court of Appeals · 2013
- In re Estate of WeeksOhio Court of Appeals · 2014