Midland Funding, L.L.C. v. Hottenroth
Citations
- 211 N.E.3d 797
- 2023 Ohio 923
Syllabus
Law-of-the-case doctrine partial remand scope of appellate mandate appellate jurisdiction claims abandoned on appeal commencement of class action final appealable order motion for reconsideration R.C. 2505.02(B) Civ.R. 54(B). The trial court lacked jurisdiction to exceed the scope of the remand of this court from the prior appeal, which only reversed the dismissal of the individual claims. The class claims had been abandoned on appeal. Consequently, the court's consideration and adjudication of the motion for class certification was in error. However, since the court denied the motion for class certification, the parties are in the same positions, and the judgment is affirmed. In addition, despite the trial court's inclusion of Civ.R. 54(B) certification, the judgment entry denying the motions for reconsideration did not constitute a final appealable order and this court lacked jurisdiction to review them.
Judges: Celebrezze
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