Perkins v. Perkins , 2022 Ohio 3116 ( 2022 )

[Cite as Perkins v. Perkins, 2022-Ohio-3116.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
GEAUGA COUNTY
JAMES R. PERKINS, CASE NO. 2022-G-0029
Plaintiff-Appellant,
Civil Appeal from the
- vs - Court of Common Pleas
STACY L. PERKINS,
Trial Court No. 2021 DC 000157
Defendant-Appellee.
MEMORANDUM
OPINION
Decided: September 6, 2022
Judgment: Appeal dismissed
J. Michael Drain, Jr., 147 Bell Street, Suite 202, Chagrin Falls, OH 44022 (For Plaintiff-
Appellant).
Gregory S. Costabile, 1400 Fifth Third Center, 600 Superior Avenue, East, Cleveland,
OH 44114 (For Defendant-Appellee).
MATT LYNCH, J.
{¶1} Appellant, James R. Perkins, through counsel, appeals a July 18, 2022
order, in which a magistrate from the Geauga County Court of Common Pleas granted
the motion in limine filed by appellee, Stacy L. Perkins.
{¶2} Initially, we must determine whether there is a final appealable order since
this court may entertain only those appeals from final judgments or orders. Noble v.
Colwell, 44 Ohio St.3d 92, 94 (1989). Under Section 3(B)(2), Article IV of the Ohio
Constitution, a judgment of a trial court can be immediately reviewed by an appellate court
only if it constitutes a “final order” in the action. Germ v. Fuerst, 11th Dist. Lake No. 2003-
L-116, 2003-Ohio-6241, ¶ 3. If a lower court’s order is not final, then an appellate court
does not have jurisdiction to review the matter, and the matter must be dismissed. Gen.
Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989).
{¶3} R.C. 2505.02(B) defines a “final order” and sets forth seven categories of
appealable judgment, and if the judgment of the trial court satisfies any of them, it will be
deemed a “final order” and can be immediately appealed and reviewed. Here, the July
18, 2022 order on appeal does not fit within any of the categories for being a final order
pursuant to R.C. 2505.02(B) and did not dispose of all the claims.
{¶4} Generally, a trial court’s decision to grant a motion in limine is an
interlocutory order that is not final and appealable. Gable v. Gates Mills, 103 Ohio St.3d
449, 2004-Ohio-5719, ¶ 34. Furthermore, “* * * a magistrate may enter orders without
judicial approval if necessary to regulate the proceedings and if not dispositive of a claim
or defense of a party.” See Civ.R. 53(D)(2)(a)(i). This court has held that “[a]lthough
magistrate’s orders are effective without judicial approval, they are not directly
appealable.” Arnold v. Arnold, 11th Dist. Geauga No. 2021-G-0026, 2021-Ohio-4186, ¶
6. Hence, a magistrate’s order is simply interlocutory by nature. Id.{¶5} In this matter, the July 18, 2022 magistrate’s order is not a final appealable
order, and this court does not have jurisdiction to hear this appeal. The order is
interlocutory. Nothing is preventing appellant from obtaining effective relief through an
appeal once the trial court has entered a final judgment in the action.
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{¶6} Based upon the foregoing analysis, the order of the trial court is not a final
appealable order. Accordingly, the instant appeal is dismissed, sua sponte, for lack of
jurisdiction.
{¶7} Appeal dismissed.
CYNTHIA WESTCOTT RICE, J.,
MARY JANE TRAPP, J.,
concur.
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