Plymouth Park Tax Servs. v. Frazier, 90343 (7-1-2008)

Ohio Court of Appeals

Plymouth Park Tax Servs. v. Frazier, 90343 (7-1-2008)

2008 Ohio 3348

CourtOhio Court of Appeals

DecidedJuly 1, 2008

DocketNos. 90343, 90352, 90353, 90354, 90356, 90357, 90464, 90525 and 90526.

StatusUnpublished

Cited by4 cases

This text of 2008 Ohio 3348 (Plymouth Park Tax Servs. v. Frazier, 90343 (7-1-2008)) 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.

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Plymouth Park Tax Servs. v. Frazier, 90343 (7-1-2008), 2008 Ohio 3348 (Ohio Ct. App. 2008).

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Opinions

JOURNAL ENTRY AND OPINION *Page 4 {¶ 1} Sua sponte, we dismiss the instant consolidated appeal for lack of a final appealable order. In each case, the trial court merely adopted the magistrate's decision without separately stating its own judgment as required by Civ. R. 53(E)(5). A trial court order stating merely that it is adopting a magistrate's decision is not a final appealable order. In re: Zinni, Cuyahoga App. No. 59899, 2008-Ohio-581, citing Harkai v. Scherba Indus. (2000), 136 Ohio App.3d 211. To constitute a final appealable order, a court's entry reflecting action on a magistrate's decision must be a separate and distinct instrument from the decision and must grant relief on the issues originally submitted to the court. Id. citing In re: Jesmone Dortch (1999),135 Ohio App.3d 430.

Appeal dismissed.

The appellant is responsible for all costs; appellee did not file a brief.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

PATRICIA ANN BLACKMON, PRESIDING JUDGE

ANN DYKE, J., CONCUR;

MELODY J. STEWART, J., CONCURS AND DISSENTS

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JOURNAL ENTRY AND OPINION *Page 4 {¶ 1} Sua sponte, we dismiss the instant consolidated appeal for lack of a final appealable order. In each case, the trial court merely adopted the magistrate's decision without separately stating its own judgment as required by Civ. R. 53(E)(5). A trial court order stating merely that it is adopting a magistrate's decision is not a final appealable order. In re: Zinni, Cuyahoga App. No. 59899, 2008-Ohio-581, citing Harkai v. Scherba Indus. (2000), 136 Ohio App.3d 211. To constitute a final appealable order, a court's entry reflecting action on a magistrate's decision must be a separate and distinct instrument from the decision and must grant relief on the issues originally submitted to the court. Id. citing In re: Jesmone Dortch (1999),135 Ohio App.3d 430.