Pinson v. Triplett

Ohio Court of Appeals
Pinson v. Triplett, 458 N.E.2d 461 (1983)
9 Ohio App. 3d 46; 9 Ohio B. 49; 1983 Ohio App. LEXIS 11001
Norris, Whiteside, McCormac

Pinson v. Triplett

Opinion of the Court

NorRIS, J.

Defendants appeal from an order of the Court of Common Pleas of Franklin County overruling their motion to vacate a “default judgment” rendered against them. The entry sought to be vacated recites failure of defendants to plead or defend, grants default judgment on the issue of liability, and sets a future hearing on the issue of damages.

Because that order is not a final ap-pealable order (Fireman’s Fund Ins. Co. v. BPS Co. [1982], 4 Ohio App. 3d 3), the order declining to vacate it cannot be a final appealable order. Accordingly, this appeal must be dismissed, sua sponte. See Whitaker-Merrell v. Geupel Co. (1972), 29 Ohio St. 2d 184 [58 O.O.2d 399].

Appeal dismissed.

Whiteside, P.J., and McCormac, J., concur.

Reference

Full Case Name
Pinson, Appellee, v. Triplett Et Al., Appellants
Cited By
17 cases
Status
Published