Tinter v. Lucik, Unpublished Decision (11-3-2005)

Ohio Court of Appeals
Tinter v. Lucik, Unpublished Decision (11-3-2005), 2005 Ohio 5858 (2005)
JAMES J. SWEENEY, PRESIDING JUDGE.

Tinter v. Lucik, Unpublished Decision (11-3-2005)

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.

Reference

Full Case Name
Elizabeth M. Tinter v. Marilyn Lucik
Cited By
2 cases
Status
Unpublished