Meeker R & D, Inc. v. Evenflo Co., Inc

In Meeker R & D, Inc. v. Evenflo Co., Inc., 11th Dist. No. 2006-P-0019, 2006 Ohio 3885, the Court held that when multiple claims or parties are involved in an action and a judgment therein concerns fewer than all the claims or parties, the Civ.R. 54(B) finding is required to make any final order final and appealable. In Meeker the plaintiff asserted claims for breach of contract, accounting and declaratory judgment. The court granted the plaintiff's motion for summary judgment on its declaratory judgment claim only. In addressing the finality of the court's judgment, we adopted the two-part test of Gen. Acc. lns. Co., supra, i.e., the order must meet the requirements of R.C. 2505.02(B)(1) or (2) and include the Civ.R. 54(B) finding, if applicable. An order is final under R.C. 2505.02 if: (1) it affects a substantial right in an action that in effect determines the action and prevents a judgment, or; (2) affects a substantial right in a special proceeding. The Court noted that while a declaratory judgment action is generally a special proceeding, if it is asserted in an "ordinary" civil action, such as the case sub judice, the underlying action determines if it is final under R.C. 2505.02(B) (1) or (2).