Opinion
2023-G-0033 2023-G-0034 2023-G-0035
03-11-2024
BAINBRIDGE TOWNSHIP ZONING INSPECTOR, et al., Plaintiffs-Appellants, v. CHAGRIN VALLEY LEARNING COLLECTIVE CO-OP d.b.a. CHAGRIN VALLEY LEARNING COLLECTIVE, et al., Defendants-Appellees.
James R. Flaiz, Geauga County Prosecutor, and Linda M. Applebaum, Assistant Prosecutor, Courthouse Annex, (For Plaintiffs-Appellants). Andrew J. Karas and Emily Freeborn, Fair Shake Environmental Legal Services,; John Heer, (For Defendants-Appellees). Jennifer L Huber, Peter N. Griggs, and Elizabeth M. VanNess, Brosius, Johnson & Griggs, LLC, (For Amici Curiae Ohio Township Association and Coalition of Large Ohio Urban Townships).
Civil Appeals from the Court of Common Pleas Trial Court Nos. 2019 M 000939, 2022 M 000507, 2022 M 000612
James R. Flaiz, Geauga County Prosecutor, and Linda M. Applebaum, Assistant Prosecutor, Courthouse Annex, (For Plaintiffs-Appellants).
Andrew J. Karas and Emily Freeborn, Fair Shake Environmental Legal Services,; John Heer, (For Defendants-Appellees).
Jennifer L Huber, Peter N. Griggs, and Elizabeth M. VanNess, Brosius, Johnson & Griggs, LLC, (For Amici Curiae Ohio Township Association and Coalition of Large Ohio Urban Townships).
MEMORANDUM OPINION
MARY JANE TRAPP, J.
{¶1} On September 15, 2023, appellants filed three notices of appeal from an August 23, 2023 entry, which we have consolidated sua sponte. For the reasons that follow, the appeals are dismissed for lack of jurisdiction.
{¶2} The appealed judgment entry involves three civil cases that the trial court consolidated: Geauga County Court of Common Pleas case nos. 2019 M 000939, 2022 M 000507, and 2022 M 000612. The appealed judgment entry resolved post-judgment motions in 2019 M 000939 and the complaint in 2022 M 000612. However, the record indicates that the complaint in 2022 M 000507 has not been resolved. There is also no Civ.R. 54(B) language in the appealed judgment entry stating there is no just reason for delay.
{¶3} It is well-established that judgment on only part of a consolidated case is not a final appealable order without Civ.R. 54(B) certification. See Mezerkor v. Mezerkor, 70 Ohio St.3d 304, 308, 638 N.E.2d 1007 (1994); Graphic Ents., Inc. v. Keybank Natl. Assn., 11th Dist. Portage No. 2001-P-0129, 2002-Ohio-5159, ¶ 11; Maggard v. Zervos, 11th Dist. Lake No. 2004-L-087, 2004-Ohio-5296, ¶ 4.
{¶4} Since the appealed judgment entry resolved only part of the consolidated case and did not contain Civ.R. 54(B) certification, there is no final appealable order before this court. Accordingly, the appeals are hereby dismissed.
EUGENE A. LUCCI, P.J., MATT LYNCH, J., concur.