Chase Home Fin., L.L.C. v. Ford

2012 Ohio 436

Opinion

[Cite as Chase Home Fin., L.L.C. v. Ford, 2012-Ohio-436.]

COURT OF APPEALS DELAWARE COUNTY, OHIO FIFTH APPELLATE DISTRICT

CHASE HOME FINANCE, LLC

Plaintiff-Appellee

-vs-

GILBERT FORD, ET AL

Defendant-Appellant

JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

Case No. 2011-CAE-10 0096

OPINION

CHARACTER OF PROCEEDING: Civil appeal from the Delaware County Court of Common Pleas, Case No. 09CVE111550

JUDGMENT: Dismissed

DATE OF JUDGMENT ENTRY: February 3, 2012

APPEARANCES:

For: JP Morgan Chase Bank, N.A. For: Defendant-Appellant As successor by merger to Gilbert Ford Chase Home Finance LLC JOHN SHERROD ANNE MARIE SFERRA Jump Legal Group, LLC NELSON M. REID 2130 Arlington Avenue Bricker & Eckler, LLP Columbus, OH 43221 100 South Third Street Columbus, OH 43215-4291 Gwin, P.J.

{¶ 1} Defendant Gilbert P. Ford appeals a judgment of the Court of Common

Pleas of Delaware County, Ohio, which overruled his motion to extend the time in which

he could exercise his statutory right of redemption after a sheriff’s sale of his property.

Plaintiff-appellee is J.P. Morgan Chase Bank, successor in interest by merger to plaintiff

Chase Home Finance LLC.

{¶ 2} For the reasons that follow, we find we do not have jurisdiction over this

foreclosure action.

{¶ 3} Appellant has appealed only the trial court’s ruling on his motion for

extension of time but not the order confirming the sale.

{¶ 4} Ohio law provides that appellate courts have jurisdiction to review only final

orders or judgments. See, generally, Section 3(B)(2), Article IV, Ohio Constitution; R.C.

2505 .02. If an order is not final and appealable, then an appellate court has no

jurisdiction to review the matter and it must be dismissed.

{¶ 5} Revised Code 2505.02 states, in relevant part:

(B) An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following: {¶ 6} (1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment; {¶ 7} (2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment; {¶ 8} (3) An order that vacates or sets aside a judgment or grants a new trial; {¶ 9} (4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶ 10} (a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy. {¶ 11} (b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.***” {¶ 12} We find the order appealed from is not a final appealable

order and we lack jurisdiction to review it.

{¶ 13} The appeal is dismissed.

By Gwin, P.J.,

Hoffman, J., and

Wise, J., concur

_________________________________ HON. W. SCOTT GWIN

_________________________________ HON. WILLIAM B. HOFFMAN

_________________________________ HON. JOHN W. WISE IN THE COURT OF APPEALS FOR DELAWARE COUNTY, OHIO

FIFTH APPELLATE DISTRICT

CHASE HOME FINANCE, LLC : : Plaintiff-Appellee : : : -vs- : JUDGMENT ENTRY : GILBERT FORD, ET AL : : : Defendant-Appellant : CASE NO. 2011-CAE 10 0096

For the reasons stated in our accompanying Memorandum-Opinion, the appeal is

dismissed for lack of jurisdiction. Costs to appellant.

_________________________________ HON. JOHN W. WISE