Tinter v. Lucik, Unpublished Decision (11-3-2005)

Ohio Court of Appeals

Tinter v. Lucik, Unpublished Decision (11-3-2005)

2005 Ohio 5858

CourtOhio Court of Appeals

DecidedNovember 3, 2005

DocketNo. 86026.

StatusUnpublished

Cited by2 cases

This text of 2005 Ohio 5858 (Tinter v. Lucik, Unpublished Decision (11-3-2005)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tinter v. Lucik, Unpublished Decision (11-3-2005), 2005 Ohio 5858 (Ohio Ct. App. 2005).

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Opinion

JOURNAL ENTRY AND OPINION {¶ 1} Plaintiff-appellant, Elizabeth M. Tinter, appeals from the trial court's judgment granting defendants-appellees' motion for directed verdict at the close of plaintiff's case-in-chief. However, this Court lacks jurisdiction to hear this appeal. The trial court has not yet made a disposition of defendants' counterclaim, which asserted a claim for breach of a noncompetition agreement. The trial court's journal entry does not certify its partial judgment as no just reason for delay pursuant to Civ.R. 54(B). Consequently, the trial court's judgment is not a final appealable order pursuant to Civ.R. 54(B).

Appeal dismissed.

It is ordered that appellees recover of appellant their costs herein taxed.

It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.

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

Cooney, J., and Corrigan, J., concur.

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JOURNAL ENTRY AND OPINION {¶ 1} Plaintiff-appellant, Elizabeth M. Tinter, appeals from the trial court's judgment granting defendants-appellees' motion for directed verdict at the close of plaintiff's case-in-chief. However, this Court lacks jurisdiction to hear this appeal. The trial court has not yet made a disposition of defendants' counterclaim, which asserted a claim for breach of a noncompetition agreement. The trial court's journal entry does not certify its partial judgment as no just reason for delay pursuant to Civ.R. 54(B). Consequently, the trial court's judgment is not a final appealable order pursuant to Civ.R. 54(B).