Case update: Myocare v. Hohmann and conditional dismissals

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.

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.

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.