Tuesday, January 22, 2008
Slow start to the New Year
The Eleventh's slow start to 2008 continues, with only one case released today after the MLK holiday. In Sason v. Shepherd, 2008-Ohio-173 the Lake County probate court denied a motion to strike a complaint, adding the Civ. R.P. 54(B) magic "no just reason for delay" language, In a 3-0 decision by O'Toole (Rice & Cannon agreeing) the court held it wasn't magic for appellants, since denial of a motion to dismiss a complaint is not a final appealable order.
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