Opinion
No. 99339
06-27-2013
LAUREN SUHAYLAH SHAHEED, ET AL. DEFENDANTS-APPELLANTS v. FIFTH THIRD MORTGAGE COMPANY PLAINTIFF-APPELLEE
ATTORNEYS FOR APPELLANTS Gary Cook Michael Aten ATTORNEYS OR APPELLEE Kriss D. Felty David M. Gauntner Felty & Lembright Company, L.P.A.
JOURNAL ENTRY AND OPINION
JUDGMENT:
DISMISSED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CV-736939
BEFORE: Blackmon, J., Rocco, P.J., and E.T. Gallagher, J.
ATTORNEYS FOR APPELLANTS
Gary Cook
Michael Aten
ATTORNEYS OR APPELLEE
Kriss D. Felty
David M. Gauntner
Felty & Lembright Company, L.P.A.
PATRICIA ANN BLACKMON, J.:
{¶1} Sua Sponte, we dismiss the appeal for lack of a final, appealable order. Appellant Lauren S. Shaheed appeals from the alleged denial of her Civ.R. 60(B) motion for relief from a default judgment for a decree of foreclosure issued in favor of plaintiff-appellee Fifth Third Mortgage Company. However, pursuant to Civ.R. 58(A), it does not appear in the record that there was ever a judgment entry journalizing a denial of said motion. Thus, there is no final, appealable order until the judgment entry has been filed journalizing the decision Shaheed purports to appeal. See App.R. 4(A) and (C); see generally Cleveland v. Trzebuckowski, 85 Ohio St.3d 524,1999-Ohio-285,709 N.E.2d 1148; Columbus v. Triplett, 10th Dist. No. 99AP-368, 1999 Ohio App. LEXIS 5983 (Dec. 14, 1999).
{¶2} This cause is dismissed.
It is ordered that appellee recover from appellants costs herein taxed.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. PATRICIA ANN BLACKMON, JUDGE KENNETH A. ROCCO, P.J., and
EILEEN T. GALLAGHER, J., CONCUR
KEY WORDS:
Case No. 99339