Ohio Court of Appeals, 2005

Tinter v. Lucik, Unpublished Decision (11-3-2005)

Ohio Court of Appeals · Decided November 3, 2005 · No. 86026. · JAMES J. SWEENEY, PRESIDING JUDGE.

2005 Ohio 5858

Cases that cite this one

1 later published case cites this decision.

Tinter v. Lucik (Ohio Ct. App. 2007)

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Opinion of the Court

JOURNAL ENTRY AND OPINION{¶ 1} Plaintiff-appellant, Elizabeth M. Tinter, appeals from the trial court's judgment granting defendants-appellees' motion for directed verdict at the close of plaintiff's case-in-chief. However, this Court lacks jurisdiction to hear this appeal. The trial court has not yet made a disposition of defendants' counterclaim, which asserted a claim for breach of a noncompetition agreement. The trial court's journal entry does not certify its partial judgment as no just reason for delay pursuant to Civ.R. 54(B). Consequently, the trial court's judgment is not a final appealable order pursuant to Civ.R. 54(B).

Appeal dismissed.

It is ordered that appellees recover of appellant their costs herein taxed.

It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

Cooney, J., and Corrigan, J., concur.

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