[Cite as Ray v. Lake Royale Landowners Assn., 2024-Ohio-220.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

PORTAGE COUNTY

JORDAN RAY,

Plaintiff-Appellant,

- vs -

THE LAKE ROYALE 

LANDOWNERS ASSOCIATION,

Defendant-Appellee.

CASE NO. 2023-P-0048

Civil Appeal from the

Court of Common Pleas

Trial Court No. 2022 CV 00819

M E M O R A N D U M

O P I N I O N

Decided: January 19, 2024

Judgment: Appeal dismissed

Jordan Ray, pro se, 1957 West Swan Lake Circle, Kent, OH 44420 (Plaintiff-Appellant).

Craig G. Pelini, and Erin E. Kelly, Pelini, Campbell & Richard, LLC, 8040 Cleveland 

Avenue, N.W., Suite 400, North Canton, OH 44720 (For Defendant-Appellee).

ROBERT J. PATTON, J.

{¶1} Appellant, Jordan Ray (“Ray”), appeals the trial court’s entry adopting the 

decision of the magistrate which denied Ray’s request for a preliminary injunction against 

appellee, The Lake Royale Landowners Association (“LRLA”). For the following reasons, 

we dismiss the appeal for lack of a final order. 

{¶2} Due to the factual circumstances of this case, it is necessary to mention 

related case, Portage County Court of Common Pleas Case No. 2021CV00527 (“2021 

Case”). In the 2021 Case, LRLA filed a complaint against Billy Dengler (“Dengler”), a 
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lakefront property owner on Lake Royale. Dengler is not a member of LRLA. LRLA sought 

damages and injunctive relief for the alleged trespass and creation of a nuisance by 

Dengler on a portion of Lake Royale. Mr. Dengler filed an answer denying that he had 

trespassed or created a nuisance and subsequently “filed a counterclaim for declaratory 

judgment alleging that he owns land ‘into and beneath a portion of’ Lake Royale.’” Lake 

Royale Landowners Assn. v. Dengler, 11th Dist. Portage No. 2022-P-0021, 2022-Ohio2929, ¶ 5. Several other landowners owning property abutting Lake Royale filed requests 

to intervene, asserting that their property extends into the Lake. Id. at ¶ 7.1 The parties 

were able to reach a settlement through mediation in the 2021 case but were unable to 

execute the agreement due to Ray’s pending litigation against LRLA, the underlying case 

in this appeal. Ray has also filed an appeal from judgments in the 2021 case which is 

currently pending in this Court in Case No. 2023-P-0068.

{¶3} In November 2022, Ray filed a complaint against LRLA seeking a 

determination “that LRLA’s Deed restrictions prohibit the transfer of the easements * * * 

without the approval of 80% or more of the LRLA lot owners.” Ray also sought to prevent 

LRLA’s Board from signing or submitting any court order in the 2021 case, until LRLA 

acquired approval of 80% or more of members, and requested a temporary restraining 

order and preliminary injunction. 

{¶4} A hearing was held before a magistrate on Ray’s request for a preliminary 

injunction on February 24, 2023. Three witnesses testified at the hearing: LRLA’s former 

1. This Court reviewed an unrelated issue regarding Attorney Roll’s disqualification as counsel for LRLA. 

This Court reversed the trial court’s decision disqualifying him and remanded the matter to the trial court 

for further proceedings. Id., at ¶ 37-38. 
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counsel, Attorney Stewart Roll, LRLA’s current president, Dena Ferner, and Ray, the 

appellant. 

{¶5} The magistrate denied Ray’s motion for preliminary injunction on May 4, 

2023. The magistrate concluded “that [Ray] did not prove by clear and convincing 

evidence the following: 1) that there is substantial likelihood of the [Ray] prevailing on the 

merits in this case; 2) that irreparable injury will occur if the injunction is not granted; 3) 

the rights of third parties will not be harmed if the injunction is granted; and 4) the 

injunction will serve the public interest.” The magistrate further concluded that “the 

Proposed Settlement does not amend the LRLA Deed Restrictions, thus only a majority 

vote is necessary for passage.” The magistrate’s decision was accepted by the trial court 

on June 7, 2023. 

{¶6} Appellant timely appeals and raises a single assignment of error: “The trial 

court erred in issuing a Journal Entry and Order (Order T.d. 27) on May 15, 2023 adopting 

the Magistrate’s February 21, 2023, Order (Order T.d. 20) denying Plaintiff's Motion 

(Motion T.d. 4) for Injunctive Relief, and approving on June 7, 2023, the Magistrate’s Entry 

(Journal Entry T.d. 31).”

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{¶7} This case came before the Court for oral argument on November 8, 2023. 

Attorney Roll, counsel for Ray in this appeal, sought to withdraw. This Court denied the 

initial request for failing to comply with the Local Rules. The Court simultaneously issued 

a show cause order requesting the parties to submit responses on whether the decision 

on the preliminary injunction constitutes a final appealable order. Ray and appellees filed 

their responses on December 18 and December 19, 2023, respectively. In conjunction

2. T.d. 27 was filed on May 5, 2023. 
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with Ray’s response on the show cause order, Attorney Roll filed an amended motion to 

withdraw. 

{¶8} In response to the show cause, Ray argues that the order denying the 

preliminary injunction qualifies as a final order. We disagree. 

{¶9} “A preliminary injunction is a provisional remedy, considered interlocutory, 

tentative, and impermanent in nature.” Youngstown City School Dist. Bd. of Education v. 

State, 10th Dist. Franklin No. 15AP-941, 2017-Ohio-555, ¶ 6 citing, Wells Fargo Ins. 

Servs. USA v. Gingrich, 12th Dist. No. CA2011-05-085, 2012-Ohio-677, ¶ 5. As such, the 

denial of a preliminary injunction, is not a final, appealable order “unless it meets the twopart test set forth in R.C. 2505.02(B)(4) governing appeals from the grant or denial of 

provisional remedies: ‘(a) The order in effect determines the action with respect to the 

provisional remedy and prevents a judgment in the action in favor of the appealing party 

with respect to the provisional remedy,’ and ‘(b) The appealing party would not be afforded 

a meaningful or effective remedy by an appeal following final judgment as to all 

proceedings, issues, claims, and parties in the action.’” (Italics original). Id. at ¶ 6.

{¶10} Because “the court has issued an order determining the action with respect 

to the provisional remedy of a preliminary injunction, and this order prevents a judgment 

in favor of appellant with regard to the preliminary injunction,” the first prong has been 

satisfied. LCP Holding Co. v. Taylor, 11th Dist. No. 2003-P-0067, 158 Ohio App.3d 546, 

2004-Ohio-5324, 817 N.E.2d 439, ¶ 26. 

{¶11} Turning to the second prong, we conclude that upon final judgment, 

appellant would be afforded a meaningful or effective remedy by an appeal from the 
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judgment. As such, this order does not constitute a final, appealable order pursuant to 

R.C. 2505.02. 

{¶12} Appellant sought a declaration from the trial court “that LRLA’s Deed 

restrictions prohibit the transfer of the easements * * * without the approval of 80% or 

more of the LRLA lot owners.” While the magistrate’s decision ultimately determined 

otherwise, that ruling was made only regarding the preliminary injunction request. 

{¶13} As this Court noted in Rock House Fitness Inc. v. Himes, 11th Dist. No. 2020-

L-075, 2021-Ohio-245, 167 N.E.3d 499, ¶ 28:

[T]here is also a fundamental due process concern with 

treating this order as the final judgment on the merits. “Where 

a hearing on an application for a preliminary injunction is to be 

consolidated with a trial on the merits, Civ.R. 65(B)(2) requires 

the court to issue a ‘consolidation’ order before the hearing, 

thus providing the parties with notice that the case is, in fact, 

being heard on the merits.” Turoff v. Stefanac, 16 Ohio App.3d 

227, 475 N.E.2d 189 (8th Dist.1984), paragraph two of the 

syllabus.

{¶14} Upon review of the record, there was no consolidation order as required. 

Thus, the parties were not provided notice that the trial court intended the preliminary 

injunction hearing to be a hearing on the merits. As such, the trial court’s decision on the 

preliminary injunction is not a final order and the trial court must issue a decision on the 

merits. 
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{¶15} For the reasons set forth in the memorandum opinion of this Court, it is 

ordered that the appeal is hereby dismissed for lack of jurisdiction. This case should 

proceed in the trial court for final disposition. 

MARY JANE TRAPP, J.,

JOHN J. EKLUND, J.,

concur.