[Cite as Nelson v. Nelson,
2021-Ohio-33.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY, OHIO
WILLIAM DAVID NELSON, SR., : MEMORANDUM OPINION
Plaintiff-Appellant, :
CASE NO. 2020-L-108
- vs - :
LISA DIMBERIO NELSON, et al., :
Defendants-Appellees. :
Civil Appeal from the Lake County Court of Common Pleas, Domestic Relations Division,
Case No. 15 DR 000030.
Judgment: Appeal dismissed.
Susan T. Seacrist, Thrasher, Dinsmore & Dolan, LPA, 100 7th Avenue, Suite 150,
Chardon, OH 44024 and Kevin R. McMillan, McMillan & Sobel, LLC, 30195 Chagrin
Boulevard, Pepper Pike, OH 44124 (For Plaintiff-Appellant).
Sandra A. Dray, Sandra A. Dray Co., L.P.A., 1111 Mentor Avenue, Mentor, OH 44077
(For Defendants-Appellees).
THOMAS R. WRIGHT, J.
{¶1} Appellant, William Nelson, Sr. appeals the trial court’s October 6, 2020
judgment ruling on objections to a magistrate’s decision and ordering counsel for
appellee, Lisa Nelson, to prepare and submit a judgment entry conforming with the trial
court’s orders and the parties’ agreements.
{¶2} We dismiss as the appealed judgment is not a final appealable order.
{¶3} A trial court’s judgment is immediately appealable if it constitutes a final
order. Section 3(B)(2), Article IV of the Ohio Constitution; Gale v. Gale, 11th Dist. Lake
No. 2019-L-093, 2019-Ohio-5055, ¶ 3. When a lower court’s order is not final, an
appellate court has no jurisdiction and the appeal must be dismissed. Gen. Acc. Ins. Co.
v. Ins. of N. Am.,
44 Ohio St.3d 17, 20 (1989). In the absence of other applicable authority
conferring jurisdiction, as here, a judgment must satisfy R.C. 2505.02 to be final and
appealable. See Huffman v. Huffman, 11th Dist. Lake No. 2015-L-130,
2016-Ohio-62, ¶
4.
{¶4} R.C. 2505.02(B) defines a final order as one of the following:
{¶5} “(1) An order that affects a substantial right in an action that in effect
determines the action and prevents a judgment;
{¶6} “(2) An order that affects a substantial right made in a special proceeding or
upon a summary application in an action after judgment;
{¶7} “(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶8} “(4) An order that grants or denies a provisional remedy and to which both
of the following apply:
{¶9} “(a) The order in effect determines the action with respect to the provisional
remedy and prevents a judgment in the action in favor of the appealing party with respect
to the provisional remedy.
{¶10} “(b) The appealing party would not be afforded a meaningful or effective
remedy by an appeal following final judgment as to all proceedings, issues, claims, and
parties in the action.
2
{¶11} “(5) An order that determines that an action may or may not be maintained
as a class action;
{¶12} “(6) An order determining the constitutionality of any changes to the Revised
Code …;
{¶13} “(7) An order in an appropriation proceeding ….”
{¶14} The appealed judgment does not satisfy R.C. 2505.02(B). Accordingly, this
appeal is dismissed, sua sponte, for lack of jurisdiction.
CYNTHIA WESTCOTT RICE, J.,
MATT LYNCH, J.,
concur.
3
[Cite as Nelson v. Nelson,
2021-Ohio-33.]
IN THE COURT OF APPEALS
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY, OHIO
WILLIAM DAVID NELSON, SR., : MEMORANDUM OPINION
Plaintiff-Appellant, :
CASE NO. 2020-L-108
- vs - :
LISA DIMBERIO NELSON, et al., :
Defendants-Appellees. :
Civil Appeal from the Lake County Court of Common Pleas, Domestic Relations Division,
Case No. 15 DR 000030.
Judgment: Appeal dismissed.
Susan T. Seacrist, Thrasher, Dinsmore & Dolan, LPA, 100 7th Avenue, Suite 150,
Chardon, OH 44024 and Kevin R. McMillan, McMillan & Sobel, LLC, 30195 Chagrin
Boulevard, Pepper Pike, OH 44124 (For Plaintiff-Appellant).
Sandra A. Dray, Sandra A. Dray Co., L.P.A., 1111 Mentor Avenue, Mentor, OH 44077
(For Defendants-Appellees).
THOMAS R. WRIGHT, J.
{¶1} Appellant, William Nelson, Sr. appeals the trial court’s October 6, 2020
judgment ruling on objections to a magistrate’s decision and ordering counsel for
appellee, Lisa Nelson, to prepare and submit a judgment entry conforming with the trial
court’s orders and the parties’ agreements.
{¶2} We dismiss as the appealed judgment is not a final appealable order.
{¶3} A trial court’s judgment is immediately appealable if it constitutes a final
order. Section 3(B)(2), Article IV of the Ohio Constitution; Gale v. Gale, 11th Dist. Lake
No. 2019-L-093, 2019-Ohio-5055, ¶ 3. When a lower court’s order is not final, an
appellate court has no jurisdiction and the appeal must be dismissed. Gen. Acc. Ins. Co.
v. Ins. of N. Am.,
44 Ohio St.3d 17, 20 (1989). In the absence of other applicable authority
conferring jurisdiction, as here, a judgment must satisfy R.C. 2505.02 to be final and
appealable. See Huffman v. Huffman, 11th Dist. Lake No. 2015-L-130,
2016-Ohio-62, ¶
4.
{¶4} R.C. 2505.02(B) defines a final order as one of the following:
{¶5} “(1) An order that affects a substantial right in an action that in effect
determines the action and prevents a judgment;
{¶6} “(2) An order that affects a substantial right made in a special proceeding or
upon a summary application in an action after judgment;
{¶7} “(3) An order that vacates or sets aside a judgment or grants a new trial;
{¶8} “(4) An order that grants or denies a provisional remedy and to which both
of the following apply:
{¶9} “(a) The order in effect determines the action with respect to the provisional
remedy and prevents a judgment in the action in favor of the appealing party with respect
to the provisional remedy.
{¶10} “(b) The appealing party would not be afforded a meaningful or effective
remedy by an appeal following final judgment as to all proceedings, issues, claims, and
parties in the action.
2
{¶11} “(5) An order that determines that an action may or may not be maintained
as a class action;
{¶12} “(6) An order determining the constitutionality of any changes to the Revised
Code …;
{¶13} “(7) An order in an appropriation proceeding ….”
{¶14} The appealed judgment does not satisfy R.C. 2505.02(B). Accordingly, this
appeal is dismissed, sua sponte, for lack of jurisdiction.
CYNTHIA WESTCOTT RICE, J.,
MATT LYNCH, J.,
concur.
3
