Glass v. Glass, Unpublished Decision (4-11-2005)

Ohio Court of Appeals

Glass v. Glass, Unpublished Decision (4-11-2005)

2005 Ohio 1688

Ohio Court of Appeals·Decided April 11, 2005·No. No. 2004-L-214.·Unpublished·Cited by 4 cases

Opinion

MEMORANDUM OPINION {¶ 1} On December 27, 2004, appellant, Eloise C. Glass, filed a notice of appeal from November 24, 2004 and December 9, 2004 judgments of the Lake County Court of Common Pleas. In those judgments, the trial court denied a motion filed by appellee, Ian S. Glass, for attorney fees, and further declared that the matter shall be set for further hearing to determine the amount of damages due from appellant, to appellee.

{¶ 2} It is well established that a judgment which defers damages for a later determination of an uncertain amount is not a final appealable order. State ex rel. White v. Cuyahoga Metro. Hous. Auth.,79 Ohio St.3d 543, 1997-Ohio-366. The judgment does not determine that action or prevent a judgment. State ex rel. A D Ltd. Partnership v.Keefe (1996), 77 Ohio St.3d 50, 53.

{¶ 3} Based upon this analysis, the present appeal is hereby sua sponte dismissed for lack of a final appealable order.

{¶ 4} Appeal dismissed.

Rice, J., O'Toole, J., concur.

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

MEMORANDUM OPINION {¶ 1} On December 27, 2004, appellant, Eloise C. Glass, filed a notice of appeal from November 24, 2004 and December 9, 2004 judgments of the Lake County Court of Common Pleas. In those judgments, the trial court denied a motion filed by appellee, Ian S. Glass, for attorney fees, and further declared that the matter shall be set for further hearing to determine the amount of damages due from appellant, to appellee.

{¶ 2} It is well established that a judgment which defers damages for a later determination of an uncertain amount is not a final appealable order. State ex rel. White v. Cuyahoga Metro. Hous. Auth.,79 Ohio St.3d 543, 1997-Ohio-366. The judgment does not determine that action or prevent a judgment. State ex rel. A D Ltd. Partnership v.Keefe (1996), 77 Ohio St.3d 50, 53.

{¶ 3} Based upon this analysis, the present appeal is hereby sua sponte dismissed for lack of a final appealable order.

{¶ 4} Appeal dismissed.

Rice, J., O'Toole, J., concur.

Glass v. Glass, Unpublished Decision (4-11-2005), 2005 Ohio 1688 (Ohio Ct. App. 2005).

Pincite

2005 Ohio 1688 (Glass v. Glass, Unpublished Decision (4-11-2005)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related