Opinion
Nos. 87882, 87883.
RELEASED: September 21, 2006.
Civil Appeals from the Cuyahoga County Court of Common Pleas Juvenile Division Case Nos. AD 03900247, AD 03901895, AD 03901896, AD 03901897 AD 03901898.
Dismissed.
William D. Mason, Cuyahoga County Prosecutor. BY: Marilyn Weinberg, Assistant County Prosecutor, Cuyahoga County Department of Children, and Family Services, 3343 Community College Avenue, Corridor F Cleveland, OH 44115.
William D. Mason, Cuyahoga County Prosecutor, BY: Joseph C. Young, Assistant County Prosecutor, Cuyahoga County Department of Children, and Family Services, 8111 Quincy Avenue, Room 341, Cleveland, OH 44104, for appellant Cuyahoga County Department of Children and Family Services.
John H. Lawson, Brownhoist Building, 4403 St. Clair Avenue, Cleveland, OH 44103, for appellee children.
Jane C. Ockuly, 1441 Northview Road, Rocky River, OH 44116, Guardian ad litem for children.
Mark Witt, 6209 Barton Road, North Olmsted, OH 44070, for appellee Mother.
H.M., Pro Se, 41 Lydia Street, Waterbury, CT 06705-1113, for appellee Father.
Steven E. Wolkin, 820 W. Superior Avenue, Suite 510, Cleveland, OH 44113-1384, Advisory Committee of Juvenile Court Guardian ad litem Project.
BEFORE: Corrigan, J., Dyke, A.J., and Gallagher, J.
JOURNAL ENTRY AND OPINION
{¶ 1} Appellant, Cuyahoga County Department of Children and Family Services ("CCDCFS"), appeals the lower court's denial of its motion for permanent custody of four minor children, continuing the order for the children's temporary custody with CCDCFS, and ordering CCDCFS to present the lower court with an alternative plan to permanent custody for the children. Although CCDCFS asserts two assignments of error, the lower court's order is not a final appealable order and, thus, this court lacks jurisdiction to address the assertions.
{¶ 2} Here, the lower court's order continuing temporary custody of the four children "is no different from any other `temporary order' that continues the status quo until the claim for relief can be determined." In re: Edward Wilkinson (Mar. 8, 1996), Montgomery App. No. 15175. Indeed, "[s]uch orders necessarily decide legal issues, but they are not final, appealable orders." Id. The lower court's order does not affect a substantial right because the ultimate relief "is yet to be determined and the facts needed to analyze the issues presented by the order will be unchanged by the ultimate disposition of the underlying action." Id. Where the lower court's order is "properly reviewable on error prosecuted to final judgment," like the case here, the order is not a final appealable order because it does not affect a substantial right for the purposes of R.C. 2505.02. Id.; see, also, Polikoff v. Adam (1993), 67 Ohio St.3d 100, 105, 616 N.E.2d 213.
{¶ 3} Because the lower court's order from which CCDCFS appeals is not a final appealable order, this court dismisses the appeal for lack of appellate jurisdiction.
Appeal dismissed.
Costs assessed against appellant Cuyahoga County Department of Children and Family Services.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Corrigan, Judge Dyke, A.J., and Gallagher, J., Concur.