Ohio Court of Appeals, 1982

Fireman's Fund Insurance Companies v. BPS Co.

Ohio Court of Appeals · Decided February 11, 1982 · Norris, McCormac, Moyer

446 N.E.2d 181; 4 Ohio App. 3d 3; 4 Ohio B. 23; 1982 Ohio App. LEXIS 10947 (North Eastern Reporter, Second Series)

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

1229 Summit, L.L.C. v. Cater (Ohio Ct. App. 2018)
Hartley v. Givens, Unpublished Decision (7-15-1999) (Ohio Ct. App. 1999)
Berry v. Mullet (Ohio Ct. App. 2019)
K.L. v. Franklin Cnty. Children Servs. (Ohio Ct. App. 2018)
Meyer v. Chieffo (Ohio Ct. App. 2011)
Tilton v. Cockfield, Unpublished Decision (12-12-2002) (Ohio Ct. App. 2002)
Ball v. Bailey, Unpublished Decision (3-27-2002) (Ohio Ct. App. 2002)
Nichols v. Arnold, Unpublished Decision (12-19-2000) (Ohio Ct. App. 2000)
State ex rel. White v. Cuyahoga Metropolitan Housing Authority (Ohio 1997)
State ex rel. White v. Cuyahoga Metro. Hous. Auth. (Ohio 1997)
Davison v. Rini (Ohio Ct. App. 1996)
State ex rel. A & D Limited Partnership v. Keefe (Ohio 1996)
State ex rel. A & D Limited Partnership v. Keefe (Ohio 1996)
Stump v. Industrial Steeplejack Co. (Ohio Ct. App. 1995)
Kelbley v. Hurley (Ohio Ct. App. 1994)
Doe v. University of Cincinnati (Ohio Ct. App. 1991)
Noble v. Colwell (Ohio 1989)
Aldrete v. Foxboro Co. (Ohio Ct. App. 1988)
Porter v. Hammond N. Condominium Assn. (Ohio Ct. App. 2025)
Harris v. Delong (Ohio Ct. App. 2018)
Kooyman v. Staffco Constr., Inc., 07ca38 (6-13-2008) (Ohio Ct. App. 2008)
Mortgage Electronic Registration Sys., Inc. v. Lambert, 90247 (6-12-2008) (Ohio Ct. App. 2008)
Ankrom v. Hageman, 06ap-735 (9-27-2007) (Ohio Ct. App. 2007)
Miller v. Miller, 2007-T-0065 (9-28-2007) (Ohio Ct. App. 2007)
Zimmerman v. Dinapoli, Unpublished Decision (3-7-2005) (Ohio Ct. App. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Norris, J.

Where a separate trial on the issue of liability is held, and the issue of liability is determined in favor of the plaintiff, an entry of judgment by the trial court in favor of the plaintiff on the issue of liability which leaves the amount of damages to be awarded unresolved until some future time, does not constitute a final judgment which may then be treated as an appealable order. Greeler v. Law (June 13, 1972), Franklin App. No. 72AP-60, unreported; American Mall, Inc. v. Lima (1966), 8 Ohio App. 2d 181 [37 O.O.2d 195], As noted in Greeler, and in subsequent decisions of this court, the addition of Civ. R. 54(B) language does not necessarily make the order ap-pealable. Civ. R. 54(B) is designed to be used only in those cases where there are multiple claims or parties and there is an otherwise final adjudication of less than all of the claims or of the rights of less than all of the parties.

There being no final appealable order in this case, the appeal is dismissed, and this case is remanded to the trial court for further proceedings according to law.

Appeal dismissed.

McCormac and Moyer, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.