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70 Ohio App. 2d 239

436 N.E.2d 538

24 OhioOp.3d 309

Timson v. Young

Ohio Court of Appeals

Decided December 9, 1980

Ohio Court of Appeals · decided 1980-12-09

Relies on Cincinnati Street Railway Co. v. Snell

Good law ✅— No negative treatment on recordhow we know

Decided 1980-12-09

How this case has been cited

Cited by 11 later decisions — most recently December 2024

11 state decisions

5019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Whiteside, J.

¶1 Defendants-appellees have filed a motion to dismiss this appeal upon the ground that it is not taken from a final appealable order.

¶2 Plaintiff-appellant, John W. Timson, purports to appeal from an order of the Court of Common Pleas of Franklin County transferring this action to the Court of Common Pleas of Summit County pursuant to Civ. R. 3(C)(1) upon the ground that venue is properly in that county (Summit County) pursuant to Civ. R. 3(B). A proceeding for a change of venue is not a special proceeding, Snell v. Cincinnati Street Ry. Co. (1899), 60 Ohio St. 256, appeal dismissed (1900), 179 U. S. 395; so, accordingly, to be appealable pursuant to R. C. 2505.02, the order must be one “ which in effect determines the action and prevents a judgment .”

¶3 Clearly, the change of venue order does not determine the action, nor prevent a judgment in plaintiffs favor upon the merits. The issue of the propriety of the change of venue will be reviewable after a final judgment is entered in the case.

¶4 Accordingly, the appeal herein is not from a final ap- *240 pealable order and vests no jurisdiction in this court to determine the issues raised — even if we were to find venue to be proper in Franklin County.

¶5 For these reasons, the motion to dismiss is sustained, and this appeal is dismissed.

¶6 Appeal dismissed.

Reilly and McCormac, JJ., concur.
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