In Hubbell v. Xenia, 167 Ohio App.3d 294, 2006 Ohio 3369, 854 N.E.2d 1133, the Second District Court of Appeals held that due to the presence of a genuine issue of material fact as to immunity, the trial court's decision denying summary judgment was not a final appealable order. The court reasoned that a decision denying summary judgment as a matter of law was a final appealable order, but a decision denying summary judgment because there existed a genuine issue of material fact going to the issue of immunity was not a final appealable order. Hubbell is currently on appeal to the Supreme Court of Ohio. Hubbell v. Xenia, 111 Ohio St.3d 1468, 2006 Ohio 5625, 855 N.E.2d 1258.