City of Lima v. Elliott

This appeal is before this court on an order ; to show cause why it should not be dismissed as not being from ¡ a final appealable order. At the time assigned for hearing eoun-jlfeel waived oral argument and submitted the matter on their ¡.briefs filed herein. In their briefs counsel are in agreement and i each contend that.the order appealed from is a final appealable . ¡order.

However, this court may not proceed on a mere agreement ⅛£-counsel, for our,jurisdiction on appeal depends upon the ex istence of a final appealable order. If such an order does not exist in fact and in law it cannot…