Vesper Lake Association v. Wirz, Unpublished Decision (11-12-2003)
Vesper Lake Association v. Wirz, Unpublished Decision (11-12-2003)
Opinion of the Court
{¶ 2} Appellees filed an action against Appellants seeking injunctive relief and a determination that the homeowners, through the Vesper Lake Association, had the exclusive rights to control and manage Vesper Lake. Appellants filed an answer and counterclaim. Thereafter, the parties entered into an agreed bifurcation order whereby the court limited the issue for consideration to the applicability of the deed restrictions and control and management rights of Vesper Lake. Additionally, the order states that "the parties agree that said issue shall be bifurcated from the remaining claims of [Appellees] and [Appellants.]" The parties were to submit stipulations of facts and briefs on the merits. The joint stipulations of fact were filed on December 16, 2002. Appellees then filed their trial brief. Appellants moved to strike the portions of Appellees brief that exceeded the scope of the bifurcation order and Appellants withdrew those portions that were not in compliance.
{¶ 3} Upon taking the issue under advisement, the court entered a decision on March 24, 2003. The court found that Appellees possessed the rights to control and manage Vesper Lake. The trial court, purporting to comply with Civ.R. 54(B), ruled there was "no just reason for delay" and Appellants appealed, raising six assignments of error.
{¶ 4} Pursuant to R.C.
{¶ 5} In the present matter, the trial court's determination of the issue of the "applicability or non-applicability of the Deed Restrictions and Control and Management Rights of Vesper Lake as to the parties and their respective real property" does not in effect determine a claim, but only an issue. Accordingly, the trial court's ruling is only a partial adjudication of one of the several claims presented by the parties. As a final, appealable order exists only when the requirements of both Civ.R. 54(B) and R.C.
Appeal dismissed.
BAIRD, J., WHITMORE, J. CONCUR
Case-law data current through December 31, 2025. Source: CourtListener bulk data.