Roberts v. K-Mart Corporation, Unpublished Decision (9-23-2002)
Roberts v. K-Mart Corporation, Unpublished Decision (9-23-2002)
Opinion of the Court
{¶ 3} On October 17, 2001, appellant filed a Motion for Default Judgment. On November 1, 2001, the Stark County Court of Common Pleas granted appellant's Motion for Default Judgment. However, the trial court did not determine damages in that Judgment Entry, but set a hearing on damages for a future date.
{¶ 4} Prior to the hearing on damages, on November 19, 2001, appellee filed a Motion to Vacate the order granting the motion for default judgment and to grant appellee leave to file an Answer instanter. On January 4, 2002, the trial court granted appellee's motion to vacate and granted appellee leave to file an Answer instanter.
{¶ 5} It is from the trial court's January 4, 2002, Judgment Entry that appellant appeals, raising the following assignment of error:
{¶ 6} "THE TRIAL COURT ERRED AS A MATTER OF LAW IN FINDING THAT THE ACTIONS OF DEFENDANT CONSTITUTED MISTAKE AND EXCUSABLE NEGLECT WITHIN THE MEANING OF CIVIL RULE60(B)(1) AND IN VACATING THE ORDER GRANTING PLAINTIFF DEFAULT JUDGMENT."
{¶ 7} Although not raised by the parties, we must address the threshold jurisdictional question of whether the judgment appealed from is a final, appealable order. Ohio law provides that appellate courts have jurisdiction to review only the final orders or judgments of inferior courts in their district. See, generally, Section
{¶ 8} Generally, the grant of a motion to vacate a judgment is final and appealable pursuant to R.C.
{¶ 9} In this case, we find the underlying judgment being vacated (the grant of default judgment) was not a final appealable order. The trial court granted a default judgment but continued the matter for damages. There must be a determination of damages before a default judgment constitutes a final appealable order. Jones v. Robinson, supra; See, generally, Collins v. Moran, Mahoning App. No. 01-CA-127, 2002-Ohio-1536. Since the trial court has not determined damages, the grant of a default judgment was not a final appealable order. Therefore, the judgment entry vacating the default judgment is not a final appealable order either. In accord, Jones v. Robinson, supra. Absent a final appealable order, this court does not have jurisdiction and the appeal must be dismissed.
{¶ 10} Based on the foregoing, the appellant's appeal is hereby dismissed.
By Edwards, J., Gwin, P.J. and Wise, J. concur.
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