Civil procedure — Trials — Judgments — Bifurcated trial — Liability issue only decided — Amount of damages unresolved — Order declining to vacate judgment not a final appealable order.
O.Jur 3d Appellate Review § 60.
Where a default judgment for failure to plead or defend is granted on the issue of liability alone, with the issue of damages being reserved for future determination, an order declining to vacate the judgment is not a final appealable order.
NORRIS, J.
Defendants appeal from an order of the Court of Common Pleas of Franklin County overruling their motion to vacate a "default judgment" rendered against them. The entry sought to be vacated recites failure of defendants to plead or defend, grants default judgment on the issue of liability, and sets a future hearing on the issue of damages.
Because that order is not a final appealable order ( Fireman's Fund Ins. Co. v. BPS Co., 4 Ohio App.3d 3), the order declining to vacate it cannot be a final appealable order. Accordingly, this appeal must be dismissed, sua sponte. See Whitaker-Merrell v. Geupel Co. (1972), 29 Ohio St.2d 184 [58 O.O.2d 399].
Appeal dismissed.
WHITESIDE, P.J., and MCCORMAC, J., concur.
Comments