Opinion
No. C-090854.
Date of Judgment Entry on Appeal: July 23, 2010.
Civil Appeal from Hamilton County Court of Common Pleas, Trial No. A-0711250.
Appeal Dismissed.
William P. Coley, II, and Roetzel Andress, L.P.A., for Plaintiff-Appellant.
H. Toby Schisler and Dinsmore Shohl, LLP, for Defendant-Appellee Cincinnati Development Fund.
DECISION.
{¶ 1} In this foreclosure action, plaintiff-appellant States Resources Corporation ("SRC") appeals from the trial court's entry, dated November 2, 2009, that overruled SRC's motion to vacate the sheriffs sale of five properties, granted defendant-appellee Cincinnati Development Fund's ("CDF") motion for the court to confirm the sheriff's sale, and ordered SRC "to [proffer an entry] confirm[ing] the sale" within seven days.
{¶ 2} SRC assigns as error the trial court's distribution of proceeds and denial of SRC's motion to vacate.
{¶ 3} We dismiss this appeal for lack of a final, appealable order. The trial court has yet to enter a final order confirming the sale and ordering the distribution of proceeds. Thus, the order appealed lacks the finality required to invoke this court's appellate jurisdiction.
See R.C. 2329.31; Emerson Tool, LLC v. Emerson Family Ltd. Partnership, 9th Dist. No. 24673, 2009-Ohio-6617, ¶ 14.
See Section 3(B)( 2), Article IV, Ohio Constitution; R.C. 2505.02(B)(2); Emerson Tool at ¶ 13-15.
Appeal dismissed.
CUNNINGHAM, P.J., HILDEBRANDT and DINKELACKER, JJ.