State v. Heil

[This decision has been published in Ohio Official Reports at 

.]




                THE STATE OF OHIO, APPELLANT, v. HEIL, APPELLEE.
                       [Cite as State v. Heil, 

.]
Appellate procedure—Cause dismissed for want of final appealable order—Court
         of appeals’ judgment vacated, when.
    (No. 2001-0900—Submitted April 24, 2002 at the Perry County Session—
                                 Decided June 26, 2002.)
    APPEAL from the Court of Appeals for Geauga County, No. 2000-G-2268.
                                  __________________
         {¶1} The cause is dismissed, sua sponte, for want of a final appealable
order.
         {¶2} Because there was no final appealable order and because the motion
was not proper, the judgment of the court of appeals is vacated.
         MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
                                  __________________
         David P. Joyce, Geauga County Prosecuting Attorney, and Darya Jeffreys
Klammer, Assistant Prosecuting Attorney, for appellant.
         Morganstern, MacAdams & DeVito Co., L.P.A., and Michael A. Partlow,
for appellee.
         LuWayne Annos, Trumbull County Assistant Prosecuting Attorney, urging
reversal for amicus curiae Ohio Prosecuting Attorneys Association.                  Betty
D. Montgomery, Attorney General, David M. Gormley, State Solicitor, and Kirk
A. Lindsey, Associate State Solicitor, urging vacation of judgment or reversal for
amicus curiae Attorney General.
                                  __________________




                                              1