Tamarac Apts., L.L.C. v. Austin

2025 Ohio 2737

• Court: Ohio Court of Appeals
• Decided: August 4, 2025
• Docket: 2025-L-061
• Status: Published

Opinion

[Cite as Tamarac Apts., L.L.C. v. Austin, 2025-Ohio-2737.]

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

TAMARAC APARTMENTS, LLC, CASE NO. 2025-L-061

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

DAMEL AUSTIN, Trial Court No. 2024 CV 001156 Defendant-Appellant.

MEMORANDUM OPINION AND JUDGMENT ENTRY

Decided: August 4, 2025 Judgment: Appeal dismissed

Fred N. Carmen, Fred Carmen Law, LLC, 27800 Cedar Road, Beachwood, OH 44122 (For Plaintiff-Appellee).

Rosel C. Hurley, III, Hurley Law, LPA, 12800 Shaker Boulevard, Suite 230, Cleveland, OH 44120 (For Defendant-Appellant).

SCOTT LYNCH, J.

{¶1} On May 17, 2025, appellant, Damel Austin, filed an appeal from two entries

issued by the Lake County Court of Common Pleas.

{¶2} The underlying matter pertains to a defamation action appellee, Tamarac

Apartments, LLC, filed against appellant alleging it was defamed when appellant made

false statements about the condition and safety of its property that were published in a

local newspaper. Appellant filed an answer and then moved for summary judgment.

Appellee filed a motion to hold appellant in contempt and for default judgment for failing

to comply with the trial court's order requiring appellant to respond to discovery. {¶3} In an April 21, 2025 entry, the trial court denied appellant’s motion for

summary judgment and held appellee’s motion for contempt and default judgment in

abeyance until after the conclusion of a settlement conference. In the April 28, 2025

entry, the trial court noted that neither appellant nor his counsel appeared for the

scheduled settlement conference. Thus, the trial court granted appellee’s motion for

default judgment and stated that it would conduct an oral hearing to consider the award

of damages plus reasonable attorney’s fees and expenses. The court further indicated it

would conduct a show cause hearing and determine whether to hold appellant and his

attorney in contempt of court for failing to appear at the conference. A damages hearing

and a determination as to the amount of attorney’s fees has yet to take place. It is from

the April 21 and April 28 entries that this appeal ensued.

{¶4} According to Section 3(B)(2), Article IV of the Ohio Constitution, an

appellate court can immediately review a trial court judgment only if it constitutes a “final

order” in the action. Jones v. Russell, 2023-Ohio-3418, ¶ 6 (11th Dist.). If a trial court

entry is not final, then a reviewing court does not have jurisdiction to review the matter,

and the matter must be dismissed. Id. For a judgment to be final and appealable, it must

generally satisfy R.C. 2505.02 and, if applicable, Civ.R. 54(B). Id.

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

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

can be immediately appealed and reviewed by a court of appeals. Civ.R. 54(B) states in

pertinent part: “When more than one claim for relief is presented in an action . . . , the

court may enter final judgment as to one or more but fewer than all of the claims or parties

only upon an express determination that there is no just reason for delay.”

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Case No. 2025-L-061 {¶6} This court has stated that an entry in a civil matter that defers damages for

a later determination of an uncertain amount is not a final appealable order because it

does not determine the action, prevent a judgment, or affect a substantial right in a special

proceeding. Jones, supra, at ¶ 8.

{¶7} Furthermore, this court has stated that an entry that orders attorney fees

but defers the amount of the fees to a later date is not a final appealable order. RAJ

Holdings, Inc. v. Helman, 2024-Ohio-5552, ¶ 6 (11th Dist.).

{¶8} In the instant matter, there is no final order since the trial court has not

issued a ruling on damages and has deferred the amount of attorney fees to be

determined to a later date. Until there has been a ruling on the damages and the amount

of attorney fees is decided, all matters before the trial court have not been resolved.

Appellant will have a meaningful and effective remedy by way of an appeal once the trial

court enters a final order.

{¶9} For the foregoing reasons, this appeal is dismissed for lack of a final

appealable order.

MATT LYNCH, J.,

JOHN J. EKLUND, J.,

concur.

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Case No. 2025-L-061 JUDGMENT ENTRY

For the reasons stated in the memorandum opinion of this court, it is ordered that

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

Costs to be taxed against appellant.

JUDGE SCOTT LYNCH

JUDGE MATT LYNCH, concurs

JUDGE JOHN J. EKLUND, concurs

THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY

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

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Case No. 2025-L-061