Ohio Court of Appeals, 2022

Ames v. Geauga Cty. Republican Cent. Commt.

Ames v. Geauga Cty. Republican Cent. Commt.
Ohio Court of Appeals · Decided December 19, 2022 · Trapp
2022 Ohio 4572

Ames v. Geauga Cty. Republican Cent. Commt.

Opinion

[Cite as Ames v. Geauga Cty. Republican Cent. Commt., 2022-Ohio-4572.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY BRIAN M. AMES, CASE NO. 2022-G-0042 Plaintiff-Appellant, Civil Appeal from the - vs - Court of Common Pleas GEAUGA COUNTY REPUBLICAN CENTRAL Trial Court No. 2022 M 000323 COMMITTEE, et al., Defendants-Appellees.

MEMORANDUM OPINION Decided: December 19, 2022 Judgment: Appeal dismissed

Brian M. Ames, pro se, 2632 Ranfield Road, Mogadore, OH 44260 (Plaintiff-Appellant).

Nancy C. Schuster, Schuster & Simmons, Co. LPA, The Bevelin House, 2913 Clinton Avenue, Cleveland, OH 44113 (For Defendants-Appellees).

MARY JANE TRAPP, J.

{¶1} On October 31, 2022, appellant, Brian Ames, filed a notice of appeal from the trial court’s October 26, 2022 entry. In the entry, the trial court found that Mr. Ames’ complaint was frivolous and ordered that a hearing would be set to determine the amount of reasonable attorney fees incurred by appellees in defending the lawsuit.

{¶2} On November 16, 2022, this court issued a show cause entry indicating that the appealed judgment did not appear to be a final appealable order since the amount of attorney fees had not yet been determined. Mr. Ames was given 15 days to respond to the entry, and he filed a brief in support of jurisdiction on November 20, 2022.

{¶3} Upon review, we find that Mr. Ames’ response to our show cause is simply not convincing. The appealed entry is not a final appealable order within the meaning of R.C. 2505.02. The trial court has yet to determine the amount of attorney fees. See Monda v. Shore, 11th Dist. Portage No. 2008-P-0078, 2009-Ohio-2088. Mr. Ames may be afforded a meaningful and effective remedy by filing an appeal following final judgment by the trial court. Monda at ¶ 24.

{¶4} The appeal is hereby dismissed for lack of a final appealable order.

JOHN J. EKLUND, P.J., THOMAS R. WRIGHT, J., concur.

Case No. 2022-G-0042

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