Salyers v. Salyers

2024 Ohio 5656

• Court: Ohio Court of Appeals
• Decided: December 2, 2024
• Docket: 2024-T-0070
• Status: Published

Opinion

[Cite as Salyers v. Salyers, 2024-Ohio-5656.]

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

REBECCA SALYERS, CASE NO. 2024-T-0070

Plaintiff-Appellant, Civil Appeal from the - vs - Court of Common Pleas, Domestic Relations Division DEREK SALYERS,

Defendant-Appellee. Trial Court No. 2023 DR 00075

MEMORANDUM OPINION

Decided: December 2, 2024 Judgment: Appeal dismissed

Brendan J. Keating and Anthony G. Rossi, III, Guarnieri & Secrest, PLL, 151 East Market Street, P.O. Box 4270, Warren, OH 44482 (For Plaintiff-Appellant).

Colton D. Williams, 5005 Rockside Road, Suite 350, Independence, OH 44131 (For Defendant-Appellee).

ROBERT J. PATTON, J.

{¶1} On September 13, 2024, appellant, Rebecca Salyers, through counsel, filed

an appeal from the August 16, 2024 entry, in which the Trumbull County Court of Common

Pleas, Domestic Relations Division, found that it was in the minor child’s best interest to

allocate parental rights and responsibilities under a shared parenting plan and ordered the

parties to submit modifications to appellee, Derek Salyers’, shared parenting plan.

{¶2} The judgment of a trial court is immediately appealable if it constitutes a final

order. Section 3(B)(2), Article IV of the Ohio Constitution; Perkins v. Perkins, 2023-Ohio- 2924, ¶ 3 (11th Dist.). If a lower court’s judgment is not final, then an appellate court has

no jurisdiction, and the matter must be dismissed. Gen. Acc. Ins. Co. v. Ins. of N. Am., 44

Ohio St.3d 17, 20 (1989). In the absence of other applicable authority conferring

jurisdiction, a lower court’s judgment must satisfy R.C. 2505.02 to be final and appealable.

Slabe v. Slabe, 2023-Ohio-4485, ¶ 3 (11th Dist.).

{¶3} R.C. 2505.02(B) defines a final order as one of the following:

{¶4} “(1) An order that affects a substantial right in an action that in effect

determines the action and prevents a judgment;

{¶5} “(2) An order that affects a substantial right made in a special proceeding or

upon a summary application in an action after judgment;

{¶6} “(3) An order that vacates or sets aside a judgment or grants a new trial;

{¶7} “(4) An order that grants or denies a provisional remedy and to which both

of the following apply:

{¶8} “(a) The order in effect determines the action with respect to the provisional

remedy and prevents a judgment in the action in favor of the appealing party with respect

to the provisional remedy.

{¶9} “(b) The appealing party would not be afforded a meaningful or effective

remedy by an appeal following final judgment as to all proceedings, issues, claims, and

parties in the action.

{¶10} “(5) An order that determines that an action may or may not be maintained

as a class action;

{¶11} “(6) An order determining the constitutionality of any changes to the Revised

Code . . .;

Case No. 2024-T-0070 {¶12} “(7) An order in an appropriation proceeding * * *.”

{¶13} In this case, pursuant to R.C. 2505.02, the August 16, 2024 entry does not

fit within any of the categories for being a final and appealable order. Further, as of the

date this appeal was filed, no divorce decree had been issued.

{¶14} In general, in a divorce action, no final appealable order exists until all

issues relating to property division, support and parental rights and responsibilities have

been addressed. Perkins at ¶ 14. A judgment entry that leaves issues unresolved and

contemplates further action is not final. Id. Since the August 16, 2024 entry, which is the

subject of this appeal, leaves issues unresolved and contemplates further action, this

court is without jurisdiction to consider the merits in this matter.

{¶15} For the foregoing reasons, the August 16, 2024 entry of the trial court is not

a final appealable order. This appeal is hereby, sua sponte, dismissed for lack of

jurisdiction.

{¶16} Appeal dismissed.

EUGENE A. LUCCI, P.J.,

MATT LYNCH, J.,

concur.

Case No. 2024-T-0070