Slabe v. Slabe

2023 Ohio 4485

• Court: Ohio Court of Appeals
• Decided: December 11, 2023
• Docket: 2023-L-091
• Status: Published

Opinion

[Cite as Slabe v. Slabe, 2023-Ohio-4485.]

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

KIMBERLY SLABE, CASE NO. 2023-L-091

Plaintiff-Appellant, Civil Appeal from the - vs - Court of Common Pleas, Domestic Relations Division BRENDAN SLABE, et al.,

Defendant-Appellee. Trial Court No. 2021 DR 000508

MEMORANDUM OPINION

Decided: December 11, 2023 Judgment: Appeal dismissed

Kelley R. Tauring, Nicole A. Cruz, and Joseph G. Stafford, Stafford Law Co., L.P.A., North Point Tower, 1001 Lakeside Avenue, Suite 1300, Cleveland, OH 44114 (For Plaintiff-Appellant).

James L. Lane, Rosenthal Lane, LLC, North Point Tower, 1001 Lakeside Avenue, Suite 1720, Cleveland, OH 44114 (For Defendant-Appellee).

MARY JANE TRAPP, J.

{¶1} Appellant, Kimberly Slabe, through counsel, appeals the August 29, 2023

entry, in which the Lake County Court of Common Pleas, Domestic Relations Division,

found that the parties’ prenuptial agreement is valid and enforceable and any interest

appellee, Brendan Slabe, has in Slabe Machine Products Co. directly or by way of a trust

is his separate property. The court further stated that “[t]his determination is not a ruling

or decision on whether the Court should make a distributive award.” {¶2} Appellee moved to dismiss the appeal for lack of a final appealable order.

Appellant filed opposition.

{¶3} A trial court’s judgment is immediately appealable if it constitutes a final

order. Section 3(B)(2), Article IV of the Ohio Constitution; Gale v. Gale, 11th Dist. Lake

No. 2019-L-093, 2019-Ohio-5055, ¶ 3. If a lower court’s order is not final, 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 judgment must satisfy R.C. 2505.02 to be final and appealable.

See Nelson v. Nelson, 11th Dist. Lake No. 2020-L-108, 2021-Ohio-33, ¶ 3.

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

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

determines the action and prevents a judgment;

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

upon a summary application in an action after judgment;

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

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

of the following apply:

{¶9} “(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.

{¶10} “(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.

Case No. 2023-L-091 {¶11} “(5) An order that determines that an action may or may not be maintained

as a class action;

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

Code * * *;

{¶13} “(7) An order in an appropriation proceeding * * *.”

{¶14} Here, the August 29, 2023 entry does not fit within any of the categories for

being a final order pursuant to R.C. 2505.02(B). Also, no divorce decree has been issued.

{¶15} In a divorce action, generally, no final appealable order exists until all issues

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

addressed. Miller v. Miller, 11th Dist. Portage No. 2003-P-0065, 2003-Ohio-6765, at ¶ 3.

An entry that leaves issues unresolved and contemplates further action is not final.

Montalbine v. Montalbine, 11th Dist. Lake No. 2022-L-020, 2022-Ohio-1464, ¶ 14. Since

the entry on appeal leaves issues unresolved and further action is contemplated, this

court is without jurisdiction to consider the merits. Appellant will have a meaningful and

effective remedy by means of an appeal once a final judgment is reached.

{¶16} Based upon the foregoing analysis, the judgment of the trial court is not a

final appealable order. Appellee’s motion to dismiss the appeal is granted, and this

appeal is dismissed for lack of jurisdiction.

{¶17} Appeal dismissed.

JOHN J. EKLUND, P.J.,

MATT LYNCH, J.,

concur.

Case No. 2023-L-091