State ex rel. Simons v. Kiser

OPINION

By THE COURT:

Submitted on ipotion of defendant-appellee to dismiss the appeal for want of jurisdiction.

The appeal is taken from an order of the trial court sustaining a motion for new trial. After this Court announced its opinion in this matter our Supreme Court, in Greene v. Acacia Mutual Life Insurance Company, 156 Oh St 1, held that an order sustaining a motion for new trial is not a final order and that the provision in §12223-2 GC, that “an order vacating and setting aside a judgment and ordering a new trial, is a final order” is in conflict with Section 6, Article LV, of the Ohio…