Tattershall One Condominium Owners' Assn. v. Marks

2025 Ohio 5570

• Court: Ohio Court of Appeals
• Decided: December 15, 2025
• Docket: 2025-P-0059
• Status: Published

Opinion

[Cite as Tattershall One Condominium Owners' Assn. v. Marks, 2025-Ohio-5570.]

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

TATTERSHALL ONE CASE NO. 2025-P-0059 CONDOMINIUM UNIT OWNERS' ASSOCIATION, Civil Appeal from the Plaintiff-Appellee, Court of Common Pleas

- vs - Trial Court No. 2024 CV 00018 TRACY L. MARKS, et al.,

Defendant-Appellant.

MEMORANDUM OPINION AND JUDGMENT ENTRY Decided: December 15, 2025 Judgment: Appeal dismissed

Megan Vogt and Joel A. Holt, Maguire Schneckenburger Legal Group, 190 East Avenue, Tallmadge, OH 44278 (For Plaintiff-Appellee).

Tracy L. Marks, pro se, 170 Bryn Mawr Street, Unit F, Ravenna, OH 44266 (Defendant- Appellant).

MATT LYNCH, J.

{¶1} On August 18, 2025, appellant, Tracy L. Marks, pro se, filed a notice of

appeal from a July 17, 2025 judgment entry in which the Portage County Court of

Common Pleas adopted a magistrate’s decision issued on the same day.

{¶2} A review of the docket reveals Marks timely filed objections to the

magistrate’s decision on July 31, 2025, but she appealed before the trial court ruled on

her objections.

{¶3} The Ohio Constitution limits an appellate court’s jurisdiction to the review of

judgments or final orders of lower courts. Section 3(B)(2), Article IV. Accordingly, this court has jurisdiction to review only final and appealable orders. Sed v. Mundy, 2015-

Ohio-5221, ¶ 4 (11th Dist.). 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).

{¶4} Pursuant to Civ.R. 53(D)(4), one of three scenarios occurs after a

magistrate’s decision is issued: (1) absent objections, the court may adopt the

magistrate’s decision if there are no errors of law or other defects on its face; (2) if

objections are filed, the court may consider the objections and either adopt, reject, or

modify the decision, hear additional evidence, recommit the matter to the magistrate, or

hear the matter; or (3) the court may immediately adopt the decision and enter judgment

without waiting for objections, but the filing of timely objections automatically stays

execution of the judgment until the court disposes of the objections and vacates, modifies

or adheres to the judgment already entered. Sed at ¶ 5, citing Civ.R. 53(D)(4).

{¶5} Based on the foregoing appellant’s appeal is premature and we do not have

a final appealable order. The instant appeal must be dismissed, sua sponte, for lack of

jurisdiction. Appellant will have a meaningful and effective remedy by way of an appeal

once the trial court enters a final judgment. See Jones v. Natural Essentials, Inc., 2015-

Ohio-5222, ¶ 7 (11th Dist.).

{¶6} Appeal dismissed.

ROBERT J. PATTON, P.J.,

JOHN J. EKLUND, J.,

concur.

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Case No. 2025-P-0059 JUDGMENT ENTRY

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

the appeal is hereby dismissed, sua sponte, for lack of jurisdiction.

Costs to be taxed against appellant.

JUDGE MATT LYNCH

PRESIDING JUDGE ROBERT J. PATTON, 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-P-0059