Ames v. Geauga Cty. Republican Cent. Commt.
This text of 2022 Ohio 4572 (Ames v. Geauga Cty. Republican Cent. Commt.) 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.
Opinion
[Cite as Ames v. Geauga Cty. Republican Cent. Commt., 2022-Ohio-4572.]
IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY
BRIAN M. AMES, CASE NO. 2022-G-0042
Plaintiff-Appellant, Civil Appeal from the - vs - Court of Common Pleas
GEAUGA COUNTY REPUBLICAN CENTRAL Trial Court No. 2022 M 000323 COMMITTEE, et al.,
Defendants-Appellees.
MEMORANDUM OPINION
Decided: December 19, 2022 Judgment: Appeal dismissed
Brian M. Ames, pro se, 2632 Ranfield Road, Mogadore, OH 44260 (Plaintiff-Appellant).
Nancy C. Schuster, Schuster & Simmons, Co. LPA, The Bevelin House, 2913 Clinton Avenue, Cleveland, OH 44113 (For Defendants-Appellees).
MARY JANE TRAPP, J.
{¶1} On October 31, 2022, appellant, Brian Ames, filed a notice of appeal from
the trial court’s October 26, 2022 entry. In the entry, the trial court found that Mr. Ames’
complaint was frivolous and ordered that a hearing would be set to determine the amount
of reasonable attorney fees incurred by appellees in defending the lawsuit.
{¶2} On November 16, 2022, this court issued a show cause entry indicating that
the appealed judgment did not appear to be a final appealable order since the amount of attorney fees had not yet been determined. Mr. Ames was given 15 days to respond to
the entry, and he filed a brief in support of jurisdiction on November 20, 2022.
{¶3} Upon review, we find that Mr. Ames’ response to our show cause is simply
not convincing. The appealed entry is not a final appealable order within the meaning of
R.C. 2505.02. The trial court has yet to determine the amount of attorney fees. See
Monda v. Shore, 11th Dist. Portage No. 2008-P-0078, 2009-Ohio-2088. Mr. Ames may
be afforded a meaningful and effective remedy by filing an appeal following final judgment
by the trial court. Monda at ¶ 24.
{¶4} The appeal is hereby dismissed for lack of a final appealable order.
JOHN J. EKLUND, P.J.,
THOMAS R. WRIGHT, J.,
concur.
Case No. 2022-G-0042
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