In the Matter of Manor Care of Parma, Unpublished Decision (2-10-2005)
In the Matter of Manor Care of Parma, Unpublished Decision (2-10-2005)
Opinion of the Court
OPINION
{¶ 1} In this consolidated case, appellants, Tandem Regional Management of Virginia, Inc., Pleasant Lake Nursing Home, Inc., Ridge-Pleasant Valley, Inc., and Broadview Nursing Home, Inc., appeal from a journal entry of the Ohio Department of Health ("Department"). Because the Department's journal entry is not a final appealable order, we dismiss these appeals.{¶ 2} On February 3, 2003, appellee, Manor Care Health Services, Inc. ("Manor Care"), filed an application for a certificate of need ("CON") with the Department seeking approval for the construction of a 120-bed nursing facility in Parma, Ohio. Having received written objections to Manor Care's application, the Department held an adjudication hearing concerning the application pursuant to R.C.
{¶ 3} Appellants appeal from that journal entry, assigning the following errors:1 First Assignment of Error: The June 30, 2004, Journal Entry of the Ohio Department of Health granting CON File 8922-01-03 (the Decision) is not supported by reliable, probative, and substantial evidence.
Second Assignment of Error: The Decision is not in accordance with law, including R.C. §
Third Assignment of Error: The Journal Entry fails to state the Director's decision, neither granting nor denying the certificate of need application.
{¶ 4} Before we can address these assignments of error, we must first determine whether this court has jurisdiction to hear these appeals. Appellate courts in Ohio have jurisdiction to review final orders or judgments2 of inferior courts within their appellate districts. Section
{¶ 5} The primary function of a final order or judgment is the termination of a case or controversy that the parties have submitted to the trial court for resolution. Harkai v. Scherba Industries, Inc.
(2000),
{¶ 6} The Department's June 30, 2004 journal entry does not contain a clear statement of the outcome of the dispute or the relief ordered. The department's hearing officer recommended that the Department deny Manor Care's CON application on specific grounds. Although the journal entry indicates that the director did not accept that recommendation, it does not indicate whether the director granted or denied the CON application. Cf. Lyall v. Gerber, Summit App. No. 21405, 2003-Ohio-3590, at ¶ 9 (decision finding in favor of plaintiff without a statement of relief). Although it appears likely that the director intended to grant the CON application, our jurisdiction is triggered by the substance of the journal entry. Harkai at 220. Here, the journal entry fails to set forth the outcome of the dispute and the relief ordered. Accordingly, the journal entry is not a final appealable order pursuant to R.C.
Appeals dismissed.
Brown, P.J., and Lazarus, J., concur.
Reference
- Full Case Name
- In the Matter of Manor Care of Parma, Manor Care Health Services, Inc. Pleasant Lake Nursing Homes, Inc., in the Matter of Manor Care of Parma, Manor Care Health Services, Inc. Tandem Regional Management of Virginia, Inc.
- Cited By
- 4 cases
- Status
- Unpublished