In re A.T.
Citations
- 2017 Ohio 5821
Syllabus
APPELLATE REVIEW - JURISDICTION - FINAL ORDER - JUV.R. 40: Juv.R. 40 contains language identical to Civ.R. 53, and therefore, the requirements outlined in Alexander v. LJF Mgt., Inc., 1st Dist. Hamilton No. C-090091, 2010-Ohio-2763, 12, are applicable to juvenile court entries regarding magistrate's decisions: the entries are not final until the juvenile court reviews the magistrate's decision and (1) rules on any objections, (2) adopts, modifies or rejects the decision, and (3) enters a judgment that determines all the claims for relief in the action or determines that there is no just reason for delay. The juvenile court's entries adopting the magistrate's decisions were not final, appealable orders pursuant to Juv.R. 40(D)(4)(e), which provides that a court that adopts, rejects, or modifies a magistrate's decision shall also enter a judgment: the entries reviewed the magistrate's decisions, ruled on the objections and adopted the magistrate's decisions, but they did not enter judgments, and therefore, they are not final appealable orders and the appeals from the entries must be dismissed for lack of jurisdiction.
Judges: Zayas
Read full opinion on CourtListenerCited by
5 cases in this archive cite this case.
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.