Miller v. State Farm Mutual Insurance, Unpublished Decision (8-2-1999)
Miller v. State Farm Mutual Insurance, Unpublished Decision (8-2-1999)
Opinion of the Court
OPINION
Plaintiffs Douglas B. and Edward J. Miller appeal a judgment of the Court of Common Pleas of Stark County, Ohio, which sua sponte dismissed appellants' third and fourth causes of action, and thereby dismissed defendants Matt Noyes and Heather Wilson from appellants' personal injury action. Appellants assign two errors to the trial court:A TRIAL COURT ABUSES ITS DISCRETION WHEN THE TRIAL COURT SUA SPONTE DISMISSES A PARTY NEEDED FOR A JUST ADJUDICATION WHO HAS BEEN PROPERLY JOINED.
ASSIGNMENT OF ERROR NO. 2
A TRIAL COURT'S DISMISSAL OF A PARTY PROPERLY JOINED AND NEEDED FOR A JUST ADJUDICATION IS A FINAL APPEALABLE ORDER.
Appellants' complaint alleged appellant Douglas Miller sustained three personal injuries from three incidents within a seven month period. Appellants alleged appellee Jade Ruddish negligently injured appellant Douglas Miller on December 10, 1996, in an automobile collision. Jade Ruddish is not a party to this appeal. Appellants alleged appellee Matt Noyes negligently injured appellant Douglas Miller during a confrontation in the City of Canton on January 1, 1997. Appellants further alleged appellee Heather Wilson negligently injured appellant Douglas Miller on July 4, 1997, in a motor vehicle accident. Appellants demanded judgment against the appellees jointly and severally. Two of the appellees filed answers. Both denied negligence and asserted the affirmative defense of comparative negligence and proximate cause. Appellee Noyes also asserted the defense of failure to join necessary parties. Appellants allege appellant Douglas Miller was diagnosed as suffering Hematuria with possible renal contusions and cervicothoracolambar sprain. Appellees disputed the proximate cause and/or aggravation of the claimed injuries. The trial court sua sponte dismissed the causes of action dealing with appellee Noyes and appellee Wilson on February 18, 1999, citing Civ.R. 20 and 21.
* * * (3) "Provisional remedy" means a proceeding ancillary to an action, including, but not limited to, a proceeding for a injunction, attachment, discovery of privileged matter, suppression of evidence.
(B) An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following:
* * * (4) an order that grants or denies a provisional remedy and to which both of the following apply: (a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy. (b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.
Assuming arguendo joinder is a provisional remedy, we nevertheless find the trial court's order severing appellants' action against Ruddish from those against Noyes and Wilson is not a final appealable order, because it does not meet the requirements of R.C.
For the foregoing reasons, the appeal is dismissed.
By Gwin, P.J., Farmer, J., and Reader, V.J., concur.
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