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9 Ohio St. 3d 115

Milo v. Milo

Ohio Supreme Court

Decided February 1, 1984

Ohio Supreme Court · decided 1984-02-01

Key passage — most relied on by later courts

“neither affects a substantial right, determines the action, nor prevents a judgment.”

quoted by 1 later decision, including Brunst v. Alltel Corp., Unpublished Decision (6-30-2005)

Relies on 59 Ohio St. 2d 65 - Bellaire City Schools Board of Education v. Paxton

Good law ✅— No negative treatment on recordhow we know

Decided 1984-02-01

How this case has been cited

Cited by 7 later decisions — most recently April 2025

7 state decisions

2019841990200020102020decided

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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Per Curiam.

¶1The question presented by this appeal is whether an order staying proceedings in a civil action pending completion of the appellate process in a related criminal case is a final, appealable order within the meaning of R.C. 2505.02. We hold that it is not.

¶2R.C. 2505.02 defines a “final, appealable order” as follows:

¶3“An order affecting a substantial right in an action which in effect determines the action and prevents a judgment

¶4The instant stay neither affects a substantial right, determines the action, nor prevents a judgment. Likewise, in Bd. of Edn. v. Paxton (1979), 59 Ohio St. 2d 65 [13 O.O.3d 58], we held that a stay was not a final, appealable order.

¶5During oral argument, this court was informed that appellee’s petition for certiorari to the Supreme Court of the United States had been denied on May 31, 1983. The petition sought reversal of this court’s denial of appellee’s motion for leave to appeal his criminal conviction. It was also revealed that appellee had filed a petition for habeas corpus collaterally attacking the murder conviction.

¶6It is clear that “the appellate process is complete as to the case of State v. Milo.” The stay order granted on August 11, 1982 does not and should not extend to any further proceedings. Appellee’s pursuit of post-conviction relief under R.C. 2953.21 et seq. or further proceedings in habeas corpus are not covered by the stay.

¶7Accordingly, the judgment of the court of appeals dismissing appellant’s appeal is affirmed.

¶8Judgment affirmed.

Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes, C. Brown and J. P. Celebrezze, JJ., concur.
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