Lyall v. Gerber, Unpublished Decision (7-9-2003)
Lyall v. Gerber, Unpublished Decision (7-9-2003)
Opinion of the Court
{¶ 3} On February 8, 2002, Lyall filed three motions for partial summary judgment against Federal with regard to three insurance policies Federal had issued to Lyall's employer, Centerprise Advisors, Inc. The three policies included a business automobile insurance policy, a commercial umbrella insurance policy, and a general liability insurance policy. On March 8, 2002, Federal filed its response to Lyall's motions and a cross motion for summary judgment.
{¶ 4} On April 25, 2002, the trial court granted Lyall's motions. The court specifically found that Lyall is entitled to UIM coverage, by operation of law, under Federal's Business Automobile Liability Policy, the General Liability Coverage and Stop-Gap Liability Coverage of the General Liability Policy, and the Umbrella Liability Policy. This appeal followed.
{¶ 6} For a judgment to be final and appealable, it must satisfy the requirements of R.C.
{¶ 7} The trial court's April 25, 2002 entry, which granted Lyall summary judgment on her claims against Federal, states, "This is a final order to Defendant Federal Insurance Company." On May 17, 2002, the trial court journalized a nunc pro tunc entry, correcting the April 25 judgment by striking the previously-quoted sentence and replacing it with "This is not a final order." The order granting judgment does not dispose of all of the claims, and neither that order nor the nunc pro tunc entry contains Civ.R. 54(B) language that there is no just reason for delay. Thus, the judgment entry is not, standing alone, final and appealable. However, it is final and appealable if and when the trial court subsequently enters a judgment adjudicating the remainder of the claims and the rights and liabilities of all of the parties. Therefore, this Court must review the filings and orders entered after the April 25, 2002 judgment entry.
{¶ 8} After the trial court granted judgment on the claims against Federal, Allstate filed a motion for summary judgment on Lyall's claims for declaratory judgment that she was an insured under various policies Allstate had issued to Lyall and to Lyall's mother, Martha Lyall. Lyall filed a brief in opposition to Allstate's motion. The judgment entry journalizing the trial court's decision on Allstate's motion for summary judgment states, in its entirety:
"This matter came before the court on a motion for summary judgment filed by defendant, Allstate Insurance Company; a response brief filed by the plaintiff; and a reply to the plaintiff's response brief filed by defendant, Allstate Insurance Company.
"Upon review of the motion, the court finds in favor of the plaintiff on the issues addressed in said motion. This is a final appealable order, as there is no just reason for delay.
"IT IS SO ORDERED."
{¶ 9} Essentially, the trial court denied Allstate's motion for summary judgment. Generally, a denial of a motion for summary judgment is an interlocutory order that is not immediately final and appealable.Thrash v. Motorists Mut. Ins. Co., 2d Dist. No. 19504, 2003-Ohio-1765, ¶ 24. See, also, Stevens v. Ackman (2001),
{¶ 10} The denial of Allstate's motion did not dispose of any claims and therefore cannot render the previous judgment entry, from which Federal appeals, final and appealable. The record does not contain any further judgment entries regarding Lyall's claims against Allstate. Accordingly, the actions for declaratory judgment concerning the Allstate policies are not resolved and remain pending before the trial court. Consequently, this Court lacks jurisdiction over this appeal.
Appeal dismissed.
WILLIAM R. BAIRD, CARR, J., BATCHELDER, J. CONCUR
Case-law data current through December 31, 2025. Source: CourtListener bulk data.