Williams v. Winston

In Williams v. Winston (Oct. 11, 1995), 1st Dist. No. C-940746, 1995 Ohio App, the appellant appealed the denial of a motion to intervene. The court held: "An order is final and appealable only if it meets the requirements of R.C. 2505.02 and Civ.R. 54(B), if applicable. Civ.R. 54(B) requires that the court make an express determination that there is no just reason to delay an appeal before it can enter final judgment as to one or more but fewer than all the claims or parties to an action. "The trial court's decision overruling appellant's motion to intervene resolved only appellant's rights and liabilities, not those of the other parties. Therefore, Civ.R. 54(B) applies. However, the order overruling appellant's motion did not contain the 'no just reason for delay' determination. This court is without jurisdiction to hear the case since the trial court's order does not expressly state that there is no just reason for delay . Therefore, the Court dismissed the appeal."