Pinson v. Triplett

458 N.E.2d 461, 9 Ohio App. 3d 46, 9 Ohio B. 49, 1983 Ohio App. LEXIS 11001

Opinion

NorRIS, J.

Defendants appeal from an order of the Court of Common Pleas of Franklin County overruling their motion to vacate a “default judgment” rendered against them. The entry sought to be vacated recites failure of defendants to plead or defend, grants default judgment on the issue of liability, and sets a future hearing on the issue of damages.

Because that order is not a final ap-pealable order (Fireman’s Fund Ins. Co. v. BPS Co. [1982], 4 Ohio App. 3d 3), the order declining to vacate it cannot be a final appealable order. Accordingly, this appeal must be dismissed, sua sponte. See Whitaker-Merrell v. Geupel Co. (1972), 29 Ohio St. 2d 184 [58 O.O.2d 399].

Appeal dismissed.

Whiteside, P.J., and McCormac, J., concur.