Shaheed v. Fifth Third Mtge. Co.

2013 Ohio 2705

• Court: Ohio Court of Appeals
• Decided: June 27, 2013
• Docket: 99339
• Status: Published

Opinion

[Cite as Shaheed v. Fifth Third Mtge. Co., 2013-Ohio-2705.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 99339

LAUREN SUHAYLAH SHAHEED, ET AL. DEFENDANTS-APPELLANTS

vs.

FIFTH THIRD MORTGAGE COMPANY PLAINTIFF-APPELLEE

JUDGMENT: DISMISSED

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-736939

BEFORE: Blackmon, J., Rocco, P.J., and E.T. Gallagher, J.

RELEASED AND JOURNALIZED: June 27, 2013 -i- ATTORNEYS FOR APPELLANTS

Gary Cook Michael Aten Westgate Towers, Suite 501 20525 Center Ridge Road Rocky River, Ohio 44116

ATTORNEYS OR APPELLEE

Kriss D. Felty David M. Gauntner Felty & Lembright Company, L.P.A. 1500 West Third Street, Suite 400 Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.:

{¶1} Sua Sponte, we dismiss the appeal for lack of a final, appealable order.

Appellant Lauren S. Shaheed appeals from the alleged denial of her Civ.R. 60(B) motion

for relief from a default judgment for a decree of foreclosure issued in favor of

plaintiff-appellee Fifth Third Mortgage Company. However, pursuant to Civ.R. 58(A),

it does not appear in the record that there was ever a judgment entry journalizing a denial

of said motion. Thus, there is no final, appealable order until the judgment entry has

been filed journalizing the decision Shaheed purports to appeal. See App.R. 4(A) and

(C); see generally Cleveland v. Trzebuckowski, 85 Ohio St.3d 524,1999-Ohio-285,709

N.E.2d 1148; Columbus v. Triplett, 10th Dist. No. 99AP-368, 1999 Ohio App. LEXIS

5983 (Dec. 14, 1999).

{¶2} This cause is dismissed.

It is ordered that appellee recover from appellants costs herein taxed.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

PATRICIA ANN BLACKMON, JUDGE

KENNETH A. ROCCO, P.J., and EILEEN T. GALLAGHER, J., CONCUR KEY WORDS: Case No. 99339