final appealable order

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On Aug. 7, 2024, the Ohio Supreme Court dismissed the appeal in Kyser v. Summit County Children Services (discretionary case number 2022-1419 and certified conflict case number 2023-0126) for lack of a final appealable order under R.C. 2506.01 on a 5-2 vote. The decision came after full rounds of substantive briefing in the trial court, intermediate appellate court, and the Supreme Court of Ohio. On the eve of oral argument before the Supreme Court of Ohio, the court requested briefing on whether a final appealable order existed and, ultimately, dismissed the appeal on that basis.Continue Reading The first checklist question: Is there a final appealable order?

Prepare for a Challenge…

A recent decision by Ohio’s Second District Court of Appeals addresses a couple of topics that have been recurring features on this blog: final appealable orders and secrecy in litigation. As to the former, we have previously discussed the complexity of characterizing orders that either grant or deny preliminary injunctive relief as either final, appealable orders (or not), in our recent blog posts found here and here. As to the latter, in early 2022, we discussed an Ohio Supreme Court decision called State ex rel. Cincinnati Enquirer v. Shanahan, regarding whether a police officer could proceed under a pseudonym in his defamation case – and the Court in that case said no.Continue Reading Seeking to proceed under a pseudonym in Ohio State Court? 

Ohio’s final appealable order statute, Ohio Revised Code Section 2505.02, is complex and fraught with traps for the unwary. It can be difficult for counsel to discern or advise their clients with any high degree of confidence whether a given interlocutory decision by a trial judge is subject to immediate appeal, or whether that fight must await an appeal after final judgment. One specific context in which this vexing issue can arise relates to discovery orders compelling the production of allegedly privileged information, or the production of information potentially subject to the attorney work-product doctrine.
Continue Reading Appealing discovery orders compelling production of confidential information

On March 16, 2022, the Ohio Supreme Court dismissed the appeal in Rachel Davis v. Tammie Nathaniel, a case in which a biological aunt was seeking companionship status and visitation of her sister’s three children, who were adopted by another aunt when their mother passed away in 2013.
Continue Reading A pain worse than losing: Dismissal for lack of a final appealable order

Back in the late 1990s when I attended the University of Dayton School of Law, I had the opportunity to serve as an extern at Ohio’s Second District Court of Appeals for a few months. I remember the court administrator telling me that one focus of my externship would be helping the judges decide whether the appellants in newly filed appeals were appealing from final, appealable orders. I recall thinking to myself — naively —“How hard can that really be?” Little did I know how vexing that particular question would become not only during my externship, but also throughout my legal career. A recent (and split) decision from the Ohio Supreme Court in Electronic Classroom of Tomorrow v. Ohio State Board of Education (ECOT) illustrates just how tricky the concept of finality truly can be, and how judges can disagree sharply on whether or not a given order is both final and appealable under Ohio law.   
Continue Reading Sure, the order is ‘final,’ but is it a final appealable order?

Update: On February 4, 2020, the Court dismissed this case as improvidently accepted.

“Is this a big problem? Do you have attorneys from the PD’s office storming the courts to get off cases because of a potential risk of conflict?”

Chief Justice O’Connor, to the prosecutor

“And so how do we draw that distinction between…

Update: On February 4, 2020, the Court dismissed this case as improvidently accepted.

Read an analysis of the argument here.

On January 8, 2020, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Basim Barnes, 2018-1389. At issue in this case is whether a trial court’s denial of an…

Update: read what happened on remand in this case here.

On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in Burnham v. Cleveland Clinic, Slip Opinion  2016-Ohio-8000.  Oh my! Let me put it this way. Six justices agreed that the order compelling discovery in this particular case was final and…

Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“We have an incident report on the date, time, location and the witnesses who observed an alleged slip and fall. What’s privileged about that… How would we prevent all discovery from getting locked…

Update: On December 7, 2016, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read an analysis of the oral argument here.

On May 4, 2016, the Supreme Court of Ohio will hear oral argument in the case of Darlene Burnham v. Cleveland Clinic, et al., 2015-1127…