Information Leasing Corp. v. Jasko, Unpublished Decision (12-4-2002)
Information Leasing Corp. v. Jasko, Unpublished Decision (12-4-2002)
Opinion of the Court
{¶ 2} On June 5, 2001, plaintiff-appellant Information Leasing Corporation ("ILC") filed this lawsuit against defendant-appellee Dennis Jasko for breach of contract. On September 24, 2001, Jasko filed an answer, a counterclaim, and third-party complaint. Jasko's claims against ILC and Teena Parsons were for failure to comply with security regulations; for violating the notice and disclosure requirements set forth in R.C.
{¶ 3} On April 9, 2002, ILC filed a motion for reconsideration of the entry of dismissal on the grounds that there were significant unresolved issues with respect to Jasko's counterclaims. ILC then filed a notice of appeal with this court on April 11, 2002. The court did not rule on the motion before the record was submitted to this court on appeal. And the record has not been supplemented or otherwise corrected to demonstrate that the counterclaims have been resolved.
{¶ 4} ILC appeals the trial court's judgment dismissing its claims against Jasko. However, we lack jurisdiction over this appeal.
{¶ 5} R.C.
{¶ 6} This case involves multiple claims. The trial court's dismissal of ILC's claims against Jasko is not a final appealable order because there are remaining counterclaims against ILC. When, as here, the trial court enters judgment as to fewer than all of the claims in a multi-claim case, there is no jurisdiction to entertain an appeal from that judgment unless the trial court certifies, pursuant to Civ.R. 54(B), that "there is no just reason for delay." The trial court made no such certification in this case. Accordingly, we dismiss the appeal.
{¶ 7} Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
{¶ 8} Doan, P.J., Gorman and Sundermann, JJ.
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