Ohio Supreme Court, 1968

Lantsberry v. Tilley Lamp Co.

Ohio Supreme Court · Decided April 17, 1968 · Brown, Herbert, Matthias, Neill, Sohneider, Taft, Zimmerman

14 Ohio St. 2d 41; 236 N.E.2d 530; 43 Ohio Op. 2d 111; 1968 Ohio LEXIS 415

Cases that cite this one

4 later published cases cite this decision.

Toot v. Pitello, Unpublished Decision (9-12-2006) (Ohio Ct. App. 2006)
Venable v. Venable (Ohio Ct. App. 1981)
Lantsberry v. Tilley Lamp Co. (Ohio 1971)
State ex rel. Northern Ohio Telephone Co. v. Winter (Ohio 1970)

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

Per Curiam.

We do not reach the merits of these canses because we find that the Court of Appeals had no jurisdiction to review the order of the trial court. An order overruling a motion to quash is not a final appeal-able order. State, ex rel. Gregory, v. Masheter, 3 Ohio St. 2d 43, Tonio v. Lett & Co. of Indiana, Inc., 65 Ohio App. 304; Section 6, Article IV, Ohio Constitution.

The defendants argue that the order of the trial court is appealable, even if it is interlocutory, because it is the result of an abuse of discretion, but the legal basis of this argument was found to be unsound in Klein v. Bendix-Westinghouse Co., 13 Ohio St. 2d 85. An abuse of discretion does not, of itself, render final and appealable an otherwise interlocutory order.

Judgments reversed.

Taft, C. J., ZimmermaN, Matthias, O’Neill, Herbert, SohNEider and BrowN, JJ., concur.

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