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.
Commentary on cases, decisions, and orders in and from the Ohio Supreme Court and courts of appeals from attorney Jeff Nye. Not affiliated with any court.
Showing posts with label Rule 41. Show all posts
Showing posts with label Rule 41. Show all posts
Tuesday, March 28, 2017
Monday, March 27, 2017
Tenth District: no jurisdiction over appeal from denial of motion for reconsideration
The reason being, of course, that motions for reconsideration of a final judgment simply don't exist under the Civil Rules. Denials of motions for reconsideration therefore can't be final orders, and the court of appeals has no jurisdiction over appeals from non-final orders.
But there is a lot more going on in this case.
But there is a lot more going on in this case.
Thursday, January 19, 2017
Conditional dismissals, appellate jurisdiction, compulsory counterclaims, and you
Civil procedure and appellate jurisdiction wonks may be interested in the Eight District's decision in Myocare Nursing Home, Inc. v. Hohmann. The question is whether the civil rules allow for conditional dismissals, and if so whether a conditional dismissal confers appellate jurisdiction over the order disposing of the remaining claims.
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