Yacoub v. Perry

2026 Ohio 606

• Court: Ohio Court of Appeals
• Decided: February 23, 2026
• Docket: 2025-T-0055
• Status: Published

Opinion

[Cite as Yacoub v. Perry, 2026-Ohio-606.]

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

DUROUB YACOUB, et al., CASE NO. 2025-T-0055

Plaintiffs-Appellants, Civil Appeal from the - vs - Court of Common Pleas

JARROD PERRY, et al., Trial Court No. 2023 CV 01574 Defendants-Appellees.

MEMORANDUM OPINION AND JUDGMENT ENTRY

Decided: February 23, 2026 Judgment: Appeal dismissed

Irene K. Makridis, 183 West Market Street, Suite 200, Warren, OH 44481 (For Plaintiffs- Appellants).

Craig G. Pelini, Pelini, Campbell & Ricard, L.L.C., 8040 Cleveland Avenue, N.W., Suite 400, North Canton, OH 44720 (For Defendants-Appellees).

EUGENE A. LUCCI, J.

{¶1} On August 21, 2025, appellants, Duroub Yacoub and Masoud Aleker,

through counsel, appealed an entry from the Trumbull County Court of Common Pleas.

{¶2} In the underlying matter, appellants filed two separate complaints, one

against appellee, Jarrod Perry, and the other against appellees, Martha Sears and

Joseph Sears, as a result of two separate 2018 motor vehicle accidents that occurred in

a five-month period. Appellants later filed a consolidated case because both accidents

involved injuries to the same parts of Ms. Yacoub’s body. The case was tried before a

jury, and appellants were awarded zero damages. Appellants filed for a new trial, which

the trial court denied in the July 24, 2025 entry. It is from that entry that this appeal ensued. {¶3} This court issued an entry ordering the parties to show cause why this

appeal should not be dismissed for lack of a final appealable order since the trial court

did not issue an entry resolving the claims in the case. Appellants responded and

indicated that “the trial court may not have journalized a separate final judgment entry

expressly disposing of all claims.” Appellants further acknowledged that where issues

remain unresolved and further action may be contemplated, an entry is not final.

{¶4} We must determine whether there is a final appealable order since this court

may entertain only those appeals from final judgments or orders. Noble v. Colwell, 44

Ohio St.3d 92, 96 (1989). Under Ohio Const., art. IV, § 3(B)(2), an appellate court can

only immediately review a trial court’s judgment if it constitutes a “final order” in the action.

If a trial court’s order is not final, then an appellate court does not have jurisdiction to

review the matter, and the matter must be dismissed. Tamarac Apartments, LLC v.

Austin, 2025-Ohio-2737, ¶ 4 (11th Dist.). For a judgment to be final and appealable, it

must satisfy the requirements of 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 judgment of the trial court satisfies any of them, it will be deemed a “final order”

and can be immediately appealed and reviewed by this court. In the case at hand, the

trial court’s July 24, 2025 judgment entry does not fit within any of the categories for being

a final order pursuant to R.C. 2505.02(B).

{¶6} A party may appeal a judgment denying a post-trial motion, such as a

motion for new trial, only if the underlying entry was final and appealable. Jones v.

Carpenter, 2017-Ohio-440, ¶ 14 (10th Dist.).

{¶7} In this case, the jury returned a defense verdict awarding zero damages.

The docket shows three general verdict forms entered in favor of the three appellees, but

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Case No. 2025-T-0055 as of the date of the notice of appeal, August 21, 2025, there was no final entry filed. The

trial court did not issue an entry disposing of the claims. The July 24, 2025 entry simply

denied appellants’ motion for new trial. Therefore, the July 24, 2025 entry was not a final

appealable order, and appellants’ appeal from that order is premature. Nothing is

preventing appellants from obtaining effective relief through an appeal once the trial court

has entered a final judgment in the action.

{¶8} Accordingly, this appeal is hereby sua sponte dismissed for lack of a final

appealable order.

JOHN J. EKLUND, J.,

SCOTT LYNCH, J.,

concur.

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Case No. 2025-T-0055 JUDGMENT ENTRY

For the reasons stated in the memorandum opinion of this court, this appeal is

hereby sua sponte dismissed for lack of a final appealable order.

Costs to be taxed against appellants.

JUDGE EUGENE A. LUCCI

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-T-0055