Denham v. New Carlisle

In Denham v. New Carlisle (1999), 86 Ohio St.3d 594, 1999 Ohio 128, 716 N.E.2d 184, plaintiff wished to appeal a summary judgment that was granted to one, but not all, of the defendants in the case. Since the trial court judge did not include a Civ.R. 54(B) determination that there is no just reason for delay, the summary judgment was interlocutory and not appealable at that time. In order to appeal that decision, the plaintiff dismissed his case against the remaining defendants without prejudice. In Denham, the Ohio Supreme Court held that this is a valid method for plaintiff to use in order to appeal a summary judgment in favor of fewer than all the defendants.