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In re Estate of Johnson5/28/1998
ssets to which they were not parties and in which they have no present interest. Dispositive of this issue is the court's determination in Ohio Contract Carriers Assn., Inc. v. Pub. Util. Comm. of Ohio (1942), 140 Ohio St. 160, where the court, citing 2 Am. Jur. 941, Section 149, stated at 161:
It is a fundamental rule that to be entitled to institute appeal or error proceedings a person must have a present interest in the subject-matter of the litigation and must be aggrieved or prejudiced by the judgment, order or decree.
Similarly, in considering whether a Guardian had a right of appeal from a probate court determination that the ward had been restored to reason, the court stated that, the guardian is not an interested party whose rights are affected by the decision of the probate court, nor is she an aggrieved party under such order. See In re Guardianship of Love (1969), 19 Ohio St.2d 111 at 115. See also DomesticViolence Network v. Pub. Util. Comm. (1992), 65 Ohio St.3d 438.
The record before us demonstrates that appellants clearly were not parties to the action in the probate court, nor did any of them have a present interest in the subject matter of that litigation, nor did they demonstrate they were aggrieved parties under the probate court order.
Accordingly, we have concluded these appellants lack standing to appeal from the May 30, 1997 order of the probate court, as they were not parties to that litigation, had no present interest in its subject matter, and have failed to show they are aggrieved by it in any fashion. For these reasons, we dismiss this appeal and we need not reach the other issues presented.
Appeal dismissed.
It is ordered that appellee recover of appellants costs herein taxed.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
PATRICIA A. BLACKMON, A.J., JAMES M. PORTER, J., CONCUR
TERRENCE O'DONNELL JUDGE
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