Downtown Properties v. Meyers, Hentemann & Rea, Co., LPA

In Downtown Properties v. Meyers, Hentemann & Rea, Co., LPA (Sept. 13, 2001), Cuyahoga App. No. 78192, 2001 Ohio App, Downtown Properties filed a complaint for breach of contract, breach of lease, and recovery on account against Myers, Hentemann & Rea Co., LPA ("MHR"). Key Bank National Association ("Key Bank") subsequently filed a creditor's bill against MHR to collect on a previous cognovit judgment. The trial court consolidated Key Bank's creditor's bill action with Downtown Properties' action, appointed a receiver for MHR's assets, and determined that Key Bank had priority in payment over Downtown Properties and MHR's other creditors. Although it had not determined any of Downtown Properties' claims against MHR, the trial court added Civ.R. 54(B) language to its judgment entry regarding the parties' priority. On appeal, the Eighth District concluded that it lacked jurisdiction because the addition of Civ.R. 54(B) language to the trial court's judgment entry did not convert that entry into a final appealable order.