Stiggers v. Erie Ins., Unpublished Decision (6-30-2005)
Stiggers v. Erie Ins., Unpublished Decision (6-30-2005)
Opinion of the Court
{¶ 2} Appellant entered into a contract with Eldridge Elie, dba Elie Construction, to build an addition onto her home. Elie was insured by Erie at the time of the contract under a commercial general liability policy. Stiggers was not satisfied with the work performed by Elie, and the addition was not finished. Stiggers eventually obtained a default judgment against Elie in the amount of $55,780; Elie is not a party to this action. Stiggers then filed, in one pleading, a supplemental complaint against Erie pursuant to R.C.
{¶ 3} Both parties filed motions for summary judgment. The trial court issued the following decision thereupon:
{¶ 4} "DEFENDANT ERIE INSURANCE INSURES NON-PARTY ELIE WHO PROVIDED CONSTRUCTION SERVICES ON THE PLAINTIFF'S HOME. PLAINTIFF OBTAINED A DEFAULT JUDGMENT AGAINST ELIE IN A SEPARATE ACTION. PLAINTIFF BRINGS THE CURRENT SUIT UNDER R.C.
{¶ 5} When a trial court enters a judgment in a declaratory judgment action, the order must declare all of the parties' rights and obligations in order to constitute a final, appealable order. Accent Group, Inc. v.Village of N. Randall, Cuyahoga App. No. 83274, 2004-Ohio-1455, ¶ 14, citing Haberley v. Nationwide Mut. Fire Ins. Co. (2001),
{¶ 6} The trial court's judgment entry in this matter does not address the parties' rights and obligations under the insurance contract, but merely declares that coverage is not "triggered" as a result of an "undisputed" fact. This court stated in Nickschinski v. Sentry Ins. Co.:
{¶ 7} "An action which seeks the declaration of rights and obligations is not the type of action ideally suited to disposition by summary judgment. Therefore, `* * * as a general rule, a court fails to fulfill its function in a declaratory judgment action when it disposes of the issues by journalizing an entry merely sustaining or overruling a motion for summary judgment without setting forth any construction of the document or law under consideration. * * *'"
{¶ 8} (1993),
{¶ 9} The trial court in the case at bar attempted to set forth some reasoning for its grant of appellee's motion for summary judgment; however, the language of the judgment entry is too vague and unspecific and does not adequately advise the parties of their rights and obligations under the contract.
{¶ 10} Therefore, pursuant to Civ.R. 54(B) and R.C.
It is ordered that appellant and appellee share the costs herein taxed.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Blackmon, A.J., and Rocco, J., concur.
Reference
- Full Case Name
- Garee Stiggers v. Erie Insurance Group
- Cited By
- 9 cases
- Status
- Unpublished