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Grote v. J.S. Mayer & Co.6/6/1990
ot well-taken. An order denying a motion for sumary judgment, by itself, is not a final, appealable order. State, ex rel. Overmeyer, v. Walinski (1966), 8 Ohio St.2d 23, 37 O.O. 2d 358, 222 N.E.2d 312. Mayer's reliance upon Walinski to counter Grote's second assignment of error is not well placed in this instance, however, where the case has proceeded to a final disposition on other grounds, i.e., the trial court's grant of summary judgment in Mayer's favor, which breathed finality into the case and made the order addressed by the second assignment of error reviewable. See Berkley Realty, Inc. v. Settles (Nov. 28, 1984), Hamilton App. No. C-830907, unreported. We, therefore, must proceed to address the merits of this assignment of error. Because Grote merely reiterates the arguments we have rejected under his first assignment of error, however, we must overrule the second. The judgment of the trial court is, accordingly, affirmed.
Judgment affirmed.
Utz, P.J., Shannon and Doan, JJ., concur.
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