Tax Ease OH IV, L.L.C. v. Osmic

2025 Ohio 5098

Opinion

[Cite as Tax Ease OH IV, L.L.C. v. Osmic, 2025-Ohio-5098.]

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

TAX EASE OH IV, L.L.C., CASE NO. 2025-L-117

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

KIMBERLY S. OSMIC a.k.a. KIMBERLY OSMIC, et al., Trial Court No. 2022 CF 000638

Defendants,

HUBERT N. OSMIC a.k.a. HUGH OSMIC,

Defendant-Appellant.

MEMORANDUM OPINION AND JUDGMENT ENTRY

Decided: November 10, 2025 Judgment: Appeal dismissed

Austin B. Barnes, III, Suzanne M. Godenswager, David T. Brady, and Gregory M. Wheeler, Sandhu Law Group, L.L.C., 1213 Prospect Avenue, Suite 300, Cleveland, OH 44115 (For Plaintiff-Appellee, Tax Ease OH IV, L.L.C.).

Hubert N. Osmic a.k.a. Hugh Osmic, pro se, 5209 Lakeside Avenue, Cleveland, OH 44114 (Defendant-Appellant).

MATT LYNCH, J.

{¶1} Appellant, Hubert N. Osmic a.k.a. Hugh Osmic, filed a pro se appeal from a

September 11, 2025 Lake County Court of Common Pleas Magistrate’s Order, in which

the magistrate ordered appellant’s multiple motions to dismiss for lack of personal

jurisdiction to be addressed at an evidentiary hearing at a later date. {¶2} This court may entertain only those appeals from final judgments or orders.

Noble v. Colwell, 44 Ohio St.3d 92, 96 (1989). Under Section 3(B)(2), Article IV of the

Ohio Constitution, an appellate court can immediately review a judgment of the trial court

only if it constitutes a “final order” in the action. Quail Point Condominium Owners Assn.

v. Rogers, 2024-Ohio-5770, ¶ 2 (11th Dist.). If the lower court’s order is not final, then

this court does not have jurisdiction to review the case, and the appeal must be dismissed.

Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989).

{¶3} R.C. 2505.02(B) defines a “final order” and sets forth seven categories of

appealable judgments, and if the judgment of the trial court satisfies any of them, it will

be deemed a “final order” and can be immediately appealed and reviewed. In this matter,

the September 11, 2025 Magistrate’s Order being appealed does not fit within any of the

categories for being a final order under R.C. 2505.02(B) and did not dispose of all claims.

{¶4} Generally, “a magistrate may enter orders without judicial approval if

necessary to regulate the proceedings and if not dispositive of a claim or defense of a

party.” See Civ.R. 53(D)(2)(a)(i). We have explained that although a magistrate’s order

is effective without judicial approval, it is not “directly appealable.” Quail Point at ¶ 4.

Hence, a magistrate’s order is simply interlocutory in nature. Id.

{¶5} Here, the September 11, 2025 Magistrate’s Order is an interlocutory order

and is not final and appealable. This court does not have jurisdiction to hear this appeal.

However, nothing is preventing appellant from obtaining effective relief through an appeal

once the trial court has entered a final judgment in the action.

{¶6} Based upon the foregoing analysis, the magistrate’s order is not final and

appealable, and this appeal is dismissed, sua sponte, for lack of jurisdiction.

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Case No. 2025-L-117 JOHN J. EKLUND, J.,

SCOTT LYNCH, J.,

concur.

JUDGMENT ENTRY

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

this appeal is dismissed, sua sponte, for lack of jurisdiction.

Costs to be taxed against appellant.

JUDGE MATT LYNCH

JUDGE JOHN J. EKLUND, concurs

JUDGE SCOTT LYNCH, 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-117