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· 6/30/2021

Airtron, Inc. v. Tobias

Citations

  • 175 N.E.3d 51
  • 2021 Ohio 2213

Syllabus

In this multi-party, multi-claim breach of contract case, this court lacks jurisdiction to decide appellant/cross-appellee James Tobias's appeal because appellee/cross-appellant Airtron's breach of contract claim was not fully decided below the trial court's decision regarding whether certain claims were subject to a jury trial remains interlocutory. Additionally, the trial court erred by looking outside the plain language of the contract to determine that Airtron breached its contract with James Tobias. James Tobias's appeal is dismissed. The appeal of appellants Daniel Tobias and A-1 Mechanical, which is based on James Tobias's claim, is also dismissed for lack of a final appealable order. The trial court's judgment against Airtron for breach of contract is reversed.

Judges: Epley

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