[Cite as State v. Cunningham , 2021-Ohio-794.]

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO

STATE OF OHIO, : MEMORANDUM OPINION Plaintiff-Appellee, : CASE NO. 2021-P-0017 - vs - : ERIK A. CUNNINGHAM, : Defendant, PAUL CUNNINGHAM, et al., Appellants. :

:

:

Criminal Appeal from the Portage County Court of Common Pleas, Case No. 2019 CR 00022.

Jud g ment: Appeal dismissed.

Victor V. Vigluicci , Portage County Prosecutor, 241 South Chestnut Street, Ravenna , OH 44266 ( For Plaintiff-Appellee )

. Jeff R. La y bourne, 121 S. Main Street, Suite 210, Akron, OH 44308 ( Fo r Appellants )

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MARY JANE TRAPP, P.J. {¶1} Appellants, Paul Cunningham and Nancy Cunningham (collectively, “appellants”), through counsel, filed a Notice of Appeal on Feb ruary 12, 2021. The notice indicates that they appeal from a January 14, 2021 judgm ent entry, but no entry is attached. Instead, they attach an incomplete and uncertifie d copy of a transcript from a January 14, 2021 “Motion to Suppress” hearing in the matter o f State of Ohio v. Erik2 A. Cunningham , Case No. 2019 CR 00022, in the Portage County Court of Common

Pleas. {¶2} Also attached to the Notice of Appeal is a copy of a “Motion fo r Findings of Facts and Conclusions of Law” filed on behalf of Erik Cunningha m, the defendant, in Case No. 2019 CR 00022 on January 27, 2021. {¶3} Additionally, in a document captioned as “DESCRIPTION,” attache d to the notice, appellants indicate that the trial court overruled cert ain motions at the January 14, 2021 hearing, i.e., appellants’ Motion to Join Motion for S pecial Master; Motion for Special Master; Motion to Intervene and Assert Attorney-Client Privilege and Marital Privilege and Participate in Special Master Review of Their Pro perty/Data. However,

the trial court docket reflects the court has not issued a writ ten judgment entry to date reflecting any rulings on these sundry motions. {¶4} The Ohio Constitution gives courts of appeals authority over fi nal orders of trial courts. Ohio Constitution, Article IV, Section 3(B)(2). {¶5} Moreover, final orders must be in writing. Oral pronouncements by a trial court judge do not constitute final appealable orders because t hey are subject to revision before journalization. State ex. rel. Marshall v. Glavas , 98 Ohio St.3d 297, 2003-Ohio-857, 784 N.E.2d 97, ¶ 5. “‘A court of record speaks only through its journal and not by oral pronouncement or mere written minute or memoran dum.’” Id. , quoting Schenley v. Kauth , 160 Ohio St. 109, 113 N.E.2d 625 (1953), paragraph one of the syllabus. {¶6} Pursuant to R.C. 2953.02, a court of appeals only possesses jur isdiction to hear an appeal from a criminal case if the appeal is from a “judgment or final order.”3 {¶7} In addition, R.C. 2505.02(B) defines a final appealable order, in part, as the following: {¶8} “An order is a final order that may be reviewed, affirmed, modi fied, or reversed, with or without retrial, when it is one of the follow ing: {¶9} “(1) An order that affects a substantial right in an action tha t in effect determines the action and prevents a judgment; {¶10} “(2) An order that affects a substantial right made in a specia l proceeding or upon a summary application in an action after judgment; {¶11} “(3) An order that vacates or sets aside a judgment or grants a new trial; {¶12} “(4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶13} “(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in fav or of the appealing party with respect to the provisional remedy. {¶14} “(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedi ngs, issues, claims, and parties in the action.” R.C. 2505.02(B)(1)-(4). {¶15} Furthermore, the Supreme Court of Ohio has stated that “in a cr iminal case there must be a sentence which constitutes a judgment or a final order which amounts ‘to a disposition of the cause’ before there is a basis for appeal.” State v.

Chamberlain , 177 Ohio St. 104, 106-107, 202 N.E.2d 695 (1964), quoting State v. Bevacqua , 147 Ohio St. 20, 22, 67 N.E.2d 786 (1946).4 {¶16} Here, there is no disposition of the matter below, and the tria l court has merely made an oral pronouncement of certain rulings during a h earing that are not final appealable orders since no judgment was filed and journalized. Glavas , supra , at ¶ 5;

see State ex rel. Hansen v. Reed , 63 Ohio St.3d 597, 600, 589 N.E.2d 1324 (1992). {¶17} The trial court docket reflects a pending Crim.R. 12(F) motion filed by appellants before they filed their Notice of Appeal, which requ ests that the trial court state its findings regarding t he subject motions. No findings have been issued. {¶18} Finally, without any judgment entry, we cannot determine whethe r the appellants have standing to bring this appeal. {¶19} Simply put, without a judgment entry, this court is without jur isdiction to consider this appeal. {¶20} Accordingly, the appeal is hereby dismissed for lack of jurisdi ction.

THOMAS R. WRIGHT, J., MATT LYNCH, J.,

concur.