Setters v. Durrani

Citations

• 2022 Ohio 1022

Syllabus

SUBJECT MATTER JURISDICTION – APPEAL – DUE PROCESS – SETOFF – R.C. 2307.28: The trial court lacked jurisdiction to issue a judgment entry reducing the damages award while defendants' notice of appeal was pending before the Ohio Supreme Court because the trial court's action was inconsistent with the Ohio Supreme Court's jurisdiction to affirm, modify, or reverse the judgment appealed. The trial court's procedure for determining the proper amount of setoff failed to comport with due process or the adversarial nature of the legal system because the court accepted the amount provided by plaintiffs' counsel and counsel for the settling defendants without independently verifying its accuracy or allowing the nonsettling defendants to test its accuracy.