DiGiorgio v. City of Cleveland

Kathleen Ann Keough, Judge.

{¶ 1} Pursuant to App.R. 26 and Loc.App.R. 26, the en banc court determined that a conflict existed between decisions in this district on the question whether the unexplained denial of a motion to dismiss and/or for judgment on the pleadings on sovereign-immunity grounds was a final, appealable order. Compare Young v. Cuyahoga Cty. Bd. of Mental Retardation & Dev. Disabilities, Cuyahoga App. No. 95955, 2011-Ohio-2291, 2011 WL 1844188; Wade v. Stewart, Cuyahoga App. No. 93405, 2010-Ohio-164, 2010 WL 194475; and Grassia v. Cleveland, Cuyahoga App. No. 91013,…