Jasko v. Sirna Constr., Inc.

Citations

• 2026 Ohio 840

Syllabus

Default judgment; final, appealable order; certificate of judgment; Civ.R. 54(B); Ohio Const., art. IV, § 3(B)(2). The appellant filed an appeal from a trial court's order denying the appellant's motion to vacate the trial court's judgment entry. The motion to vacate requested the trial court to vacate a certificate of judgment that certified a default judgment issued by the trial court. The appeal was dismissed for lack of a final appealable order. A denial of a motion to vacate filed pursuant to Civ.R. 60(B) is a final, appealable order. However, where the motion to vacate seeks to vacate a nonfinal order, the trial court's judgment denying the motion is not a final order. The default judgment entry was not a final order because there were multiple defendants and claims that had not been disposed of in that entry and the entry lacked the mandatory Civ.R. 54(B) language that there was \no just reason for delay.\ As such, the trial court's judgment entry denying appellant's motion to vacate was not a final order. On June 17, 2025, the trial court dismissed the case \without prejudice\ for \failure to prosecute.\ The trial court's dismissal was not a final order, and therefore, all interlocutory orders dissolved upon the dismissal of the case. Absent a final order from which appellant appealed, the court lacked jurisdiction and dismissed the appeal.