Abbas v. Abbas, Unpublished Decision (3-10-2000)

Ohio Court of Appeals

Abbas v. Abbas, Unpublished Decision (3-10-2000)

DecidedMarch 10, 2000

DocketCourt of Appeals No. WD-00-015. Trial Court No. 99-DR-019.

StatusUnpublished

This text of Abbas v. Abbas, Unpublished Decision (3-10-2000) (Abbas v. Abbas, Unpublished Decision (3-10-2000)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abbas v. Abbas, Unpublished Decision (3-10-2000), (Ohio Ct. App. 2000).

Pincite

Opinion

DECISION AND JUDGMENT ENTRY This case is before the court sua sponte. Appellant, Andrew Abbas, has filed a notice of appeal from an order denying his motion to disqualify the magistrate, for alleged bias, in this divorce case. This court finds that the order is presently not final and appealable, and therefore it cannot be appealed until the entire proceedings are concluded in the trial court. See R.C.2505.02 and Robinson v. Prudential Insurance (Jan. 19, 1999), Stark App. No. 1998CA00058, unreported, where the court states:

"[T]he denial of a motion to disqualify [a magistrate] is not a final, appealable order. In re: Kimbler (1988), 44 Ohio App.3d 9, 540 N.E.2d 756. At the time appellant filed his notice of appeal, the rulings from which he was appealing were interlocutory and not final, appealable orders."

Accordingly, this appeal is ordered dismissed at appellant's costs.

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.

_______________________________ Richard W. Knepper, P.J.

Sherck, J., Pietrykowski, J., CONCUR.

Free access — add to your briefcase to read the full text and ask questions with AI

DECISION AND JUDGMENT ENTRY This case is before the court sua sponte. Appellant, Andrew Abbas, has filed a notice of appeal from an order denying his motion to disqualify the magistrate, for alleged bias, in this divorce case. This court finds that the order is presently not final and appealable, and therefore it cannot be appealed until the entire proceedings are concluded in the trial court. See R.C.2505.02 and Robinson v. Prudential Insurance (Jan. 19, 1999), Stark App. No. 1998CA00058, unreported, where the court states: