Is An Order Denying a Motion Final and Is It Appeable ?
In Gehm v. Timberline Post & Frame, 9th Dist. No. 22479, 2005 Ohio 5222, Gehm filed a complaint against Timberline seeking damages related to the construction of a building.
Westfield, Timberline's insurer, filed a motion to intervene to participate in discovery and submit jury interrogatories.
The court denied the motion, and proceeded to trial without Westfield as a party.
Westfield appealed the denial
the court held that the order denying the motion was neither final nor appealable.
The court held that Westfield's motion and the court's denial preserved Westfield's ability to litigate its claims in a separate suit since collateral estoppel only applies to a party who could have intervened in the proceeding.
The court's judgment was thus not final pursuant to R.C. 2505.02 because it did not determine the action and prevent a judgment.
In addition, the court in Gehm held that because the order left Gehm's claim pending, the order needed the Civ.R. 54(B) finding of "no just reason for delay" to be final and appealable.
As a result, the court dismissed the appeal.