Cleveland v. Congeni

Citations

• 2024 Ohio 3304

Syllabus

Final appealable order jurisdiction. The appealed judgment entry does not indicate any ruling on the defendant-appellant's motion to modify probation to permit the use of medical marijuana, nor does it contain any ruling as to any probation violation. While the transcript reflects the trial court's opinion as to the substantive question of whether medical marijuana use can amount to a probation violation, this is insufficient to create a final appealable order. Since the defendant-appellant's motion to modify probation technically remains pending and the record reflects only that the court will presumably find a violation of the terms of her community control if she continues to test positive, there is no final, appealable order. Accordingly, we lack jurisdiction to address the appeal as the record now stands. Therefore, we dismiss the case for lack of final, appealable order.