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Sirkin v. McBurrows

12/3/1999

a delay in appellate consideration of these entries until an appeal from the ultimate entry of final judgment in this action would operate to deny the appellants "a meaningful or effective remedy." See R.C. 2505.02(B)(4)(b); see, also, Penko v. Eastlake (Dec. 11, 1998), Lake App. No. 98-l-186, unreported (citing Polikoff v. Adam , 67 Ohio St.3d 100, 616 N.E.2d 213, to hold that orders denying compelled disclosure of privileged material are not "final order " under R.C. 2505.02 , because " he issues surrounding these provisional orders will survive unchanged until a final decision * * * in case"). Cf. Gibson-Myers & Assocs., Inc. v. Pearce (Oct. 27, 1999), Summit App. No. 19358, unreported (holding that an order compelling the production of documents that constitute trade secrets is a "final order" under R.C. 2505.02 , because the "proverbial bell" rung by compelled disclosure of the undiscoverable material "cannot be unrung" on appeal from a final judgment in the action).


Accordingly, we conclude that the entries from which the appellants have appealed are not "final order " under R.C. 2505.02(B)(4). In the absence of a final order, we are without jurisdiction to entertain the appellants' appeal. We, therefore, sua sponte dismiss this appeal.


Appeal dismissed.


Gorman, P.J., and Sundermann, J., concur.


Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.






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