Ohio Court of Appeals, 2005

State v. Beauregard, Unpublished Decision (7-21-2005)

Ohio Court of Appeals · Decided July 21, 2005 · MICHAEL J. CORRIGAN, JUDGE.

2005 Ohio 3722

Cases that cite this one

1 later published case cites this decision.

In re Stanley (Ohio Ct. App. 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

JOURNAL ENTRY and OPINION{¶ 1} The state appeals from a dismissal of four separate criminal indictments on grounds that it failed to produce at a pretrial an out-of-state witness. We dismiss the appeal for want of a final, appealable order because the order itself is considered to be without prejudice. See City of Fairview Park v. Fleming (Dec. 7, 2000), Cuyahoga App. Nos. 77323 and 77324 (dismissal of a criminal complaint cannot be considered a proceeding ancillary to the action; therefore, the dismissal of a criminal complaint, without prejudice, is not a final order, and the court lacks jurisdiction to consider it); State v. Steel, Cuyahoga App. No. 85076, 2005-Ohio-2623 at ¶ 6.

{¶ 2} This appeal is dismissed.

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

It is ordered that a special mandate issue out of this court directing the Common Pleas Court 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.

Calabrese, Jr., P.J., Kilbane, J., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.