[Cite as Sheila Albanese, L.L.C. v. Cleveland Acc. Rehab, L.L.C., 2024-Ohio-2868.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

TRUMBULL COUNTY

SHIELA ALBANESE, LLC,

Plaintiff,

- vs -

CLEVELAND ACCIDENT 

REHAB, LLC, et al.,

Defendants/Third Party

Plaintiffs-Appellants,

- vs -

ALEX FRANTZIS, DC, et al.,

Third Party DefendantsAppellees.

CASE NO. 2024-T-0056

Civil Appeal from the

Court of Common Pleas

Trial Court No. 2022 CV 00440

M E M O R A N D U M

O P I N I O N

Decided: July 29, 2024

Judgment: Appeal dismissed

Charles Bennett, 1 Eagle Valley Court, Broadview Heights, OH 44147 (For 

Defendants/Third Party Plaintiffs-Appellants).

Laura L. Volpini, Volpini Law, LLC, 15300 Pearl Road, Suite 201, Strongsville, OH 44136

and Jeffrey W. Krueger, Krueger and Valente Law, LLC, 11925 Pearl Road, Suite 201, 

Strongsville, OH 44136 (For Third Party Defendant-Appellee, Alex Frantzis, DC).

Brendan J. Keating, Guarnieri & Secrest, PLL, 151 East Market Street, P.O. Box 4270, 

Warren, OH 44482 (For Third Party Defendant-Appellee, Todd Waldron, DC).

JOHN J. EKLUND, J.

{¶1} Appellants, Cleveland Accident Rehab, LLC (CAR) and John Fortuna 

(Fortuna), appeal from an entry of the Trumbull County Court of Common Pleas. We 

hereby dismiss this appeal for the reasons that follow.
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Case No. 2024-T-0056

{¶2} Shiela Albanese, LLC (Albanese) filed a breach of contract action against 

appellants, which arose from an agreement for medical billing and collections entered

between Albanese and CAR. Appellants filed a third-party complaint against appellees, 

Alex Frantzis, DC (Frantzis) and Todd Waldron, DC (Waldron), alleging that they entered 

into the agreement with Albanese as members of CAR. Frantzis filed a motion to dismiss,

which was converted to a motion for summary judgment. In a May 16, 2024 judgment 

entry, the trial court granted Frantzis’ motion for summary judgment, granted Frantzis’ 

request for sanctions and ordered that the amount of sanctions be determined at a 

hearing to be scheduled with the magistrate. The entry did not include “there is no just 

reason for delay” language pursuant to Civ.R. 54(B). Appellants dismissed their claim 

against Waldron. This appeal ensued.

{¶3} Frantzis filed a motion to dismiss the appeal for lack of a final appealable 

order. 

{¶4} Initially, we must determine if there is a final order since this court may 

entertain only those appeals from final judgments. Noble v. Colwell, 44 Ohio St.3d 92, 

96 (1989). According to Section 3(B)(2), Article IV of the Ohio Constitution, a trial court’s 

judgment can only be immediately reviewed by an appellate court if it constitutes a “final 

order” in the action. Germ v. Fuerst, 2003-Ohio-6241, ¶ 3 (11th Dist.). If it is not final, 

then an appellate court does not have jurisdiction to review the matter, and the matter 

must be dismissed. Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 20 (1989). 

For a judgment to be final and appealable, it must satisfy the requirements of R.C. 

2505.02 and if applicable, Civ.R. 54(B). See Children’s Hosp. Med. Ctr. v. Tomaiko, 

2011-Ohio-6838, ¶ 3 (11th Dist.).
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Case No. 2024-T-0056

{¶5} Civ.R. 54(B) provides the following:

When more than one claim for relief is presented in an action whether 

as a claim, counterclaim, cross-claim, or third-party claim, and * * * 

when multiple parties are involved, the court may enter final 

judgment as to one or more but fewer than all of the claims or parties 

only upon an express determination that there is no just reason for 

delay. In the absence of a determination that there is no just reason 

for delay, any order * * * which adjudicates fewer than all the claims 

or the rights and liabilities of fewer than all the parties, shall not 

terminate the action as to any of the claims or parties, and the order 

or other form of decision is subject to revision at any time before the 

entry of judgment adjudicating all the claims and the rights and 

liabilities of all the parties.

{¶6} This court has stated that when multiple claims and/or parties are involved, 

an order entering final judgment as to one or more but fewer than all of the claims or 

parties is not a final, appealable order in the absence of Civ.R. 54(B) language stating 

that “there is no just reason for delay[.]” Smith v. McKee, 2023-Ohio-4906 (11th Dist.).

{¶7} In this matter, the trial court did not resolve all the claims between all parties 

and did not make an express determination that there is no just reason for delay pursuant 

to Civ.R. 54(B) in its May 16, 2024 judgment entry. Thus, the entry on appeal is not a 

final appealable order, and this court is without jurisdiction to hear this appeal.

{¶8} Based upon the foregoing analysis, appellee’s motion to dismiss is hereby 

granted, and this appeal is dismissed for lack of a final appealable order.

{¶9} Appeal dismissed.

EUGENE A. LUCCI, P.J.,

MATT LYNCH, J.,

concur.