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Lassiter v. Oakley-Everson9/24/1999
akley-Everson against Lassiter. Thus, although the entry "affect a substantial right," it did not "in effect determine the action and prevent a judgment" as to Oakley-Everson. Accordingly, the entry is not a "final order" as to him.
The entry also granted summary judgment for Mid City Pediatrics on the sole claim advanced against that entity in Lassiter's complaint. The entry thus "affect a substantial right" and "in effect determine the action and prevent a judgment" as to Mid City Pediatrics. The entry is, therefore, a "final order" as to Mid City Pediatrics.
The entry, however, adjudicated fewer than all the claims and the rights and liabilities of fewer than all the parties to the action. Its appealability, therefore, depends upon Civ.R. 54(B) certification. The trial court did not include in the entry from which this appeal derives an express determination that there is no just reason for delay. In the absence Civ.R. 54(B) certification, the entry is not an appealable order.
In the absence of a final appealable order, we are without jurisdiction to entertain Lassiter's appeal. For that reason, we dismiss the appeal.
Appeal dismissed.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
Please Note: The court has placed of record its own entry in this case on the date of the release of this Decision.
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