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Fish v. Ohio Casualty Insurance Co.3/7/2005
rary or unconscionable and not merely an error of law or judgment. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219.
{ } For the reasons set forth in appellant's First Assignment of Error, we find our decision of August 18, 2003, was not a final order since we remanded this matter to the trial court for further proceedings consistent with our opinion. Therefore, res judicata does not apply. Accordingly, the trial court did not abuse its discretion when it overruled appellants' motion to vacate.
{ } Appellants' Third Assignment of Error is overruled.
{ } For the foregoing reasons, the judgment of the Court of Common Pleas, Stark County, Ohio, is hereby affirmed.
By: Wise, J. Farmer, P. J., and Edwards, J., concur.
JUDGMENT ENTRY
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Stark County, Ohio, is affirmed.
Costs assessed to appellants.
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