Hasebein v. Hasebein

Full title: Sharon Hasebein, Plaintiff-Appellant, v. Harry G. Hasebein…

Court: Court of Appeals of Ohio, Eleventh District, Lake County

Date published: Apr 16, 2004

2004 Ohio 1963 (Ohio Ct. App. 2004)

Opinion

No. 2004-L-009.

Filed April 16, 2004.

Civil appeal from the Court of Common Pleas, Domestic Relations Division, Case No. 01 DR 000713.

Appeal Dismissed.

Kenneth J. Cahill, 1959 Mentor Avenue, Suite 2, Painesville, OH 44077, for Plaintiff-Appellant.

Abraham Cantor, Johnnycake Commons, 9930 Johnnycake Ridge Road, Suite 4-F, Concord, OH 44060, for Defendant-Appellee.

MEMORANDUM OPINION

CYNTHIA WESTCOTT RICE, J.

{¶ 1} Appellant, Sharon Hasebein, filed a notice of appeal on January 16, 2004, from a December 17, 2003 judgment of the Lake County Court of Common Pleas, Domestic Relations Division. In that judgment, the trial court ruled upon various motions that had been filed by appellant in this divorce case. However, it is clear that a final divorce decree has not yet been issued.

{¶ 2} On March 8, 2004, appellee, Harry G. Hasebein, filed a motion to dismiss this appeal due to lack of a final appealable order. Appellant has not filed a response.

{¶ 3} It is clear that a divorce case does not become final until a divorce decree has been entered. Civ.R. 75(F). That has not happened in the case sub judice. Once a divorce decree is entered, appellant will be able to appeal the trial court's judgment of December 17, 2003.

{¶ 4} Accordingly, appellee's motion to dismiss this appeal is hereby granted.

{¶ 5} The appeal is dismissed.

Appeal dismissed.

O'Neill and Grendell, JJ., concur.