Ohio Court of Appeals, 1983

Pinson v. Triplett

Pinson v. Triplett
Ohio Court of Appeals · Decided April 21, 1983 · Norris, Whiteside, McCormac
458 N.E.2d 461; 9 Ohio App. 3d 46; 9 Ohio B. 49; 1983 Ohio App. LEXIS 11001 (North Eastern Reporter, Second Series)

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.

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