Earlier this year I wrote about Myocare Nursing Home, Inc. v. Hohmann, in which the Eighth District dismissed an appeal for lack of jurisdiction. The parties had stipulated to a "conditional dismissal" of a compulsory counterclaim, but the appellate court ruled that Ohio law doesn't recognize conditional dismissals, and that as a result the counterclaim remained pending in the trial court and the appellate court lacked jurisdiction.
I also wrote that the parties' choices were to seek a Rule 54(B) certification from the trial court, to dismiss the counterclaims with prejudice, or proceed to trial on the counterclaims.
As it turns out, the parties have elected to go to trial on the counterclaim. The court will conduct a bench trial at the end of next week, after which the parties will presumably return to the Eighth District on the same issues as before--plus probably some new ones.
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