Huntington Natl. Bank v. Lewis, Unpublished Decision (11-2-2006)
Huntington Natl. Bank v. Lewis, Unpublished Decision (11-2-2006)
Opinion of the Court
Now comes the Appellant/Defendant, Sidney T. Lewis, and hereby gives notice of appeal to the Tenth District Court of Appeals from the ORDER REACTIVATING CASE, Pursuant to the constitutionally delegated jurisdictional-authority under "THE UNITED STATES CONSTITUTION, ART.
{¶ 2} The case in the trial court was stayed pursuant to a bankruptcy filing by appellant's wife. After reactivation in the trial court, this appeal was itself stayed pursuant to a bankruptcy filing by appellant. The stay on the appellate proceedings is hereby lifted.
{¶ 3} With respect to appellant's appeal from the trial court's order reactivating the case after the original stay, we sua sponte find that the appeal must be dismissed.
{¶ 4} An order by a trial court reactivating a case after expiration of a bankruptcy stay is not a final appealable order, because it does not affect a substantial right. Page v. Strong (Nov. 25, 1998), Montgomery App. No. 17376. This appeal is accordingly sua sponte dismissed for lack of a final appealable order.
Appeal dismissed.
Petree and French, JJ., concur.
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