Redding v. United States Parachute Assn.

2024 Ohio 1651

• Court: Ohio Court of Appeals
• Decided: April 29, 2024
• Docket: 2024-G-0014
• Status: Published

Opinion

[Cite as Redding v. United States Parachute Assn., 2024-Ohio-1651.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY

WESLEY J. REDDING, CASE NO. 2024-G-0014

Plaintiff-Appellant, Civil Appeal from the - vs - Court of Common Pleas

UNITED STATES PARACHUTE ASSOCIATION, INC., et al., Trial Court No. 2023 P 000619

Defendants-Appellees.

MEMORANDUM OPINION

Decided: April 29, 2024 Judgment: Appeal dismissed

Wesley J. Redding, pro se, 338 Irma Drive, Chardon, OH 44024 (Plaintiff-Appellant).

Tyler Tarney and Andrea C. Hofer, Gordon Rees Scully Mansukhani, LLP, 41 South High Street, Suite 2495, Columbus, OH 43215 (For Defendants-Appellees).

EUGENE A. LUCCI, P.J.

{¶1} Appellant, Wesley J. Redding, filed the instant pro se appeal from a Geauga

County Court of Common Pleas entry.

{¶2} Appellant filed this action alleging a breach of contract, violation of the

Sarbanes-Oxley Act, intentional interference with a business interest, self-dealing in

violation of R.C. §1729.24, breach of good faith, negligence, and a request for a

temporary restraining order and a permanent injunction against appellees, United States

Parachute Association, Sherry Butcher, AerOhio Skydiving Center, Marcie Anne Smith, and Cleveland Skydiving Center, Inc. In a March 7, 2024 entry, the trial court found no

genuine issue of material facts existed and appellees were entitled to judgment as a

matter of law. In that entry, the trial court also found the complaint was frivolous, and that

appellant should be liable to pay appellees’ reasonable attorney fees. The court stated

that it would set “an evidentiary hearing under separate order.” This appeal ensued.

{¶3} Since this court may entertain only those appeals from final judgments, we

must determine if there is a final order. Noble v. Colwell, 44 Ohio St.3d 92, 96 (1989).

According to Section 3(B)(2), Article IV of the Ohio Constitution, a trial court judgment can

be immediately reviewed by an appellate court only if it constitutes a “final order” in the

action. Germ v. Fuerst, 11th Dist. Lake No. 2003-L-116, 2003-Ohio-6241, ¶ 3. If a lower

court’s order is not final, then an appellate court does not have jurisdiction to review the

matter, and the matter must be dismissed. Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44

Ohio St.3d 17, 20 (1989). For a judgment to be final and appealable, it must satisfy the

requirements of R.C. 2505.02 and if applicable, Civ.R. 54(B). See Children’s Hosp. Med.

Ctr. v. Tomaiko, 11th Dist. Portage No. 2011-P-0103, 2011-Ohio-6838, ¶ 3.

{¶4} Pursuant to R.C. 2505.02(B), there are seven categories of a “final order,”

and if the judgment of the trial court satisfies any of them, it will be deemed a “final order”

and can be immediately appealed and reviewed by a court of appeals.

{¶5} This court has stated that a judgment entry that “expressly orders attorney

fees but does not specify an amount of fees is not a final appealable order.” Dulemba v.

Leet, 11th Dist. Ashtabula No. 2023-A-0057, 2023-Ohio-4603, ¶ 6. Here, the trial court’s

March 7, 2024 judgment awarded attorney fees to appellees but deferred the amount to

be determined at a later hearing. Until the attorney fees amount is determined, all matters

Case No. 2024-G-0014 before the trial court have not been resolved. Therefore, this judgment is not a final

appealable order.

{¶6} Accordingly, this appeal is dismissed due to lack of jurisdiction.

MARY JANE TRAPP, J.,

ROBERT J. PATTON, J.,

concur.

Case No. 2024-G-0014