Crise v. Crise, Unpublished Decision (6-23-2004)
Crise v. Crise, Unpublished Decision (6-23-2004)
Opinion of the Court
{¶ 3} Appellant appealed the September 25, 2003 order to this Court. For the reasons set forth below, this Court does not reach the merits of the appeal.
{¶ 5} Before reaching the merits of this appeal, this Court must determine whether it has jurisdiction to review the order from which appellant appeals. Section
{¶ 6} In the instant case, appellant appeals her divorce decree. However, within that order, the trial court specifically stated the following:
"IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Plaintiff's retirement account with Public Employees Retirement System (PERS) shall be divided by further order of the Court following an evaluation of the Plaintiff's retirement account. The Court specifically retains jurisdiction over the Plaintiff's retirement account to divide the value of the account following the evaluation."
This language demonstrates that the trial court had not completely determined the case, but instead explained an evaluation of appellant's retirement account was necessary before it could provide a final adjudication of the parties' divorce proceedings. A thorough review of the record provided to this Court reveals that no further evaluation or orders concerning the division of appellant's retirement account have been filed in this case. In the absence of a final, appealable order from the trial court, this Court lacks jurisdiction to review appellant's assigned errors.
Appeal dismissed.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to appellant.
Exceptions.
Slaby, J., Batchelder, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.