Pinson v. Triplett

Ohio Court of Appeals

Pinson v. Triplett

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

CourtOhio Court of Appeals

DecidedApril 21, 1983

Docket83AP-106

StatusPublished

Cited by17 cases

This text of 458 N.E.2d 461 (Pinson v. Triplett) 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

Pinson v. Triplett, 458 N.E.2d 461, 9 Ohio App. 3d 46, 9 Ohio B. 49, 1983 Ohio App. LEXIS 11001 (Ohio Ct. App. 1983).

Pincite

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.

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