Porter v. Hammond N. Condominium Assn.

Citations

• 2025 Ohio 2210

Syllabus

RIGHT TO JURY TRIAL – CIVIL PROCEDURE – CONDOMINIUM ASSOCIATIONS – REAL COVENANTS – BIFURCATION – EQUITABLE RELIEF – APPELLATE JURISDICTION – R.C. 2505.02(B)(1) – CIV.R. 54(B) The court of appeals had jurisdiction to hear an appeal from a trial court's order, where the trial court resolved one or more complete claims for relief and did not abuse its discretion in certifying its order as a final judgment under Civ.R. 54(B). Because a claim for damages against a condominium owners association for breach of the condominium's declarations and by-laws is in the nature of a suit for breach of a real covenant in a deed, and because actions in covenant were tried to a jury at common law, the Ohio Constitution preserves the right to a jury trial in damages actions for breach of a condominium's declarations and bylaws. Where appellants had multiple claims that shared disputed issues of fact, and where appellants were entitled to a jury trial on some of the claims but not others, the trial court erred and denied appellants their rights to a jury trial by resolving disputed factual issues underpinning both claims following a bench trial.