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Fairchilds v. Miami Valley Hospital4/8/2005
{ } Plaintiffs-appellants, Timothy Fairchilds, Linda Wright, Bobbie Jo Fairchilds, Douglas Burton, and Whitney Burton, appeal in two cases, which we have consolidated in the interest of judicial economy. The issue in both appeals is whether, when a trial court has granted a motion for summary judgment with respect to fewer than all of the claims pending in the cause and has not certified that there is no just cause for delay pursuant to Civ.R. 54(B), and all of the claims, including the claims with which the interlocutory summary judgment decision is concerned, are subsequently voluntarily dismissed pursuant to Civ.R. 41(A), the trial court may thereafter render final judgment with respect to those claims that were the subject of the summary judgment decision. Based on Jackson v. Allstate Ins. Co., Montgomery App. No. 20443, 2004-Ohio-5775, which we approve and follow, we answer this question in the negative.
{ } The appellants appeal from an order of the trial court in case No. 2003--CV-0573, wherein the trial court sustained a request for a final judgment entry made by defendant-appellee, Miami Valley Hospital, Inc. ("MVH"), concluding that an interlocutory order granting MVH's motion for summary judgment became a final, appealable order when the appellants filed their notice of voluntary dismissal.
{ } The appellants contend that the trial court erred in concluding that it had subject-matter jurisdiction to rule on MVH's request for a final judgment entry after the appellants had voluntarily dismissed the entire case. The appellants contend that the trial court erred in concluding that the appellants' voluntary dismissal converted the interlocutory summary judgment decision into a final, appealable order, because the interlocutory summary judgment decision dissolved when the appellants voluntarily dismissed the entire case.
{ } We conclude that the trial court erred in concluding that the appellants' voluntary dismissal converted the interlocutory summary judgment decision into a final, appealable order, because the appellants' voluntary dismissal of all defendants in this case prevented the prior interlocutory summary judgment decision from becoming a final adjudication of the claims with which it was concerned. Therefore, the trial court erred in sustaining MVH's request for a final judgment entry.
{ } The appellants also contend that the trial court erred in granting MVH's motion for summary judgment on December 1, 2003. However, in October 2004, this court sustained MVH's motion to dismiss the appellants' direct appeal of the December 1, 2003 decision granting MVH's motion for summary judgment, because we concluded that the appellants' direct appeal, on April 30, 2004, of the December 1, 2003 summary judgment decision was not timely in accordance with App.R. 4(A). Therefore, we decline to address this assignment of error.
{ } The appellants also appeal from the decision of the trial court in case No. 2004-CV-01422, wherein the trial court granted MVH's motion for summary judgment, concluding that because the summary judgment decision in 2003--CV-0573 was determined to be a final, appealable order, the appellants' claims were barred by the doctrine of res judicata. The appellants contend that the trial court erred in granting MVH's motion for summary judgment, because there was no final, appealable order in 2003--CV-0573 to support the use of the doctrine of res judicata to bar the appellants' claims in 2004-CV-01422.
{ } Because the claim with which the trial court's interlocutory summary judgment decision in favor of MVH in 2003--CV-0573 was concerned was properly dismissed by the appellants, pursuant to Civ.R. 41(A), ther
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