Dayton Women's Health Center v. Enix

I respectfully dissent from the majority’s holding that an order, “pursuant to Civ. R. 23(C) determining that an action shall or shall not be maintained as a class action, is a final appealable order * * *.” (Emphasis added.) A ruling that an action may be maintained as a class action is totally different from the denial of certification. Hence, I cannot initially accept that they both should be treated the same on the issue of appealability as final orders.

The majority bases its holding on Amato v. General Motors Corp. (1981), 67 Ohio St. 2d 253, 21 O.O. 3d 158, 423 N.E. 2d 452, wherein it…