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Ryll v. Columbus Fireworks Display Company6/19/2002
question presented by the action"). In this case, the trial court's order simply denied the defendants' motions for summary judgment, finding that neither defendant was entitled to immunity and that there remained genuine factual issues for the parties to litigate. There is nothing about these orders that "determines" the action; indeed, a trial court denies summary judgment because there remain undetermined issues that preclude judgment as a matter of law. See Civ.R. 56(C).
. Finally, even if I could agree with the court of appeals that the trial court's denial of summary judgment "determined the action," the court of appeals' finding of final appealability remains incorrect. The court of appeals failed to explain why the trial court's order prevented a judgment within the meaning of R.C. 2505.02(B)(1). There is nothing about the denial of a summary-judgment motion that prevents a judgment. See Celebrezze, 51 Ohio St.3d at 90, 554 N.E.2d 1292. And nothing in the nature of the parties' settlement agreement changes this legal truism. Indeed, if the court of appeals had properly dismissed the defendants' appeal, the matter would have remained pending until there had been a judgment, whether a judgment of dismissal or a judgment in favor of one of the parties after further proceedings in the trial court.
. Because the trial court's order denying summary judgment was not a final appealable order, the court of appeals did not have jurisdiction to entertain the merits of the appeal before it. Stevens, 91 Ohio St.3d at 186, 743 N.E.2d 901; see, also, Section 3(B)(2), Article IV, Ohio Constitution. And because the court of appeals lacked jurisdiction, we are likewise without jurisdiction to reach the merits of the cause. Stevens, 91 Ohio St.3d at 195-196, 743 N.E.2d 901. I would therefore vacate the judgment of the court of appeals, dismiss the appeal, and remand this cause to the trial court for further proceedings.
Moyer, C.J., and Lundberg Stratton, J., concur in the foregoing dissenting opinion.
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