VIL Laser Systems, L.L.C. v. Shiloh Industries, Inc.

{¶ 1} This discretionary appeal was accepted on the issue of whether an order setting aside a jury verdict and giving the plaintiff a period of time to choose between a new trial on the issue of damages and remittitur is a final appealable order. We answer that it is not and hold that the time to file a notice of appeal does not begin until the plaintiff has exercised the choice or until the time for choosing has expired.

I. Background

{¶ 2} This case began as an action for breach of contract filed by appellee VIL Laser Systems, L.L.C. (‘YIL”) against appellant Shiloh Industries, Inc.…