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First Benefits Agency12/30/1998
DICKINSON, Judge.
Plaintiff First Benefits Agency Incorporated has attempted to appeal from two orders of the Summit County Common Pleas Court, the first of which denied its motion to remove this case from the trial court's inactive docket and to reinstate it on the active docket, and the second of which denied its motion for relief from judgment to vacate that first order. Plaintiff has argued (1) that the trial court incorrectly denied its motion to reinstate the case to the active docket, and (2) that the trial court incorrectly denied its motion for relief from judgment to vacate that denial. This court dismisses this case because the orders from which plaintiff has attempted to appeal were not final, appealable orders.
Plaintiffs first assignment of error is that the trial court incorrectly denied its motion to remove this case from its inactive docket and to reinstate it to the active docket. It has argued that the order from which it has attempted to appeal was a final, appealable order and that, consequently, this court has jurisdiction to review it.
R.C. 2505.03(A) provides that " very final order, judgment, or decree of a court * * * may be reviewed on appeal by a court of common pleas, a court of appeals, or the supreme court, whichever has jurisdiction." A final order is defined in R.C. 2505.02(B):
"An order is a final order that may be reviewed, affirmed, modified, or reversed, with or without retrial, when it is one of the following:
"(1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment;
"(2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment;
"(3) An order that vacates or sets aside a judgment or grants a new trial;
"(4) An order that grants or denies a provisional remedy and to which both of the following apply:
"(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.
"(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.
"(5) An order that determines that an action may or may not be maintained as a class action."
Plaintiff has failed to demonstrate how the order from which it has attempted to appeal fits any of the definitions listed above.
The denial of its motion to reinstate this case to the trial court's active docket did not affect a substantial right that determined the action and prevented a judgment. The case has not been dismissed. The trial court may decide to reinstate it, in which case plaintiffs claims would be determined.
In In re Cuyahoga Cty. Asbestos Cases (1998), 127 Ohio App.3d 358, 713 N.E.2d 20, the Court of Appeals for the Eighth District considered a situation in which the trial court had created a "Voluntary Registry for the Unimpaired Asbestos Claims," which allowed those asbestos plaintiffs who were not severely medically impaired to place their claims on the court's inactive docket, during which time those claims would be exempt from discovery and not age. Upon proof that a plaintiff had progressed to a certain level of medical impairment, the case would be transferred to the court's active docket for resolution on its merits. The court of appeals for the Eighth District held that the placin
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