What Two-Step Analysis Should An Appellate Court Engage In When Determining If a Judgement Is Final ?
In Wilson v. United Fellowship Club of Barberton, 9th Dist. No. 22792, 2006 Ohio 1047, the plaintiff sued the club for gender discrimination.
The club's insurer moved to intervene for the sole purpose of submitting interrogatories to the jury. the court denied the insurer's motion, and the insurer appealed.
The court held:
"In addition to satisfying the requirements of R.C. 2505.02 to be ripe for review, an order must also comply with Civ.R. 54(B) .
When determining if a judgment is final, an appellate court must engage in the following two-step analysis:
'it must determine if the order is final with in the requirements of R.C. 2505.02'
'if the court finds that the order complies with R.C. 2505.02 and is in fact final, then the court must take a second step to decide if Civ.R. 54(B) language is required.' Gen. Accident Ins. Co. v. Ins. Co. of N. America (1989), 44 Ohio St.3d 17, 21, 540 N.E.2d 266.