Talbott v. Fountas

Plaintiffs-appellees’ motion for an award of attorney fees for a frivolous appeal, pursuant to App. R. 23, is not well-taken.

A frivolous appeal under App. R. 23 is essentially one which presents no reasonable question for review. While an appeal which is brought from an order which is not final and appealable pursuant to R.C. 2505.02 is subject to dismissal for lack of jurisdiction, it is not frivolous within the provision of App. R. 23. When dismissal occurs for lack of a final appealable order, there has been no consideration of the merits of the case, and hence there is no basis for a…