[Cite as O'Stricker v. Robinson Mem. Hosp. Found., 2013-Ohio-4313.]

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT 

PORTAGE COUNTY, OHIO 

COREY O’STRICKER, : MEMORANDUM OPINION

 Plaintiff-Appellant, :

CASE NO. 2013-P-0043

 - vs - :

ROBINSON MEMORIAL HOSPITAL 

FOUNDATION, 

:

:

 Defendant, 

:

MICHAEL L. PRYCE, M.D., et al., 

:

 Defendants-Appellees. 

Civil Appeal from the Portage County Court of Common Pleas. 

Case No. 2011 CV 01405. 

Judgment: Appeal dismissed. 

Robert J. Sawyer, 815 Superior Avenue East, Suite 300, Cleveland, OH 44114-2746 

(For Plaintiff-Appellant). 

Juliana S. Gall and Rocco D. Potenza, Hanna, Campbell & Powell, L.L.P., 3737 

Embassy Parkway, Suite 100, P.O. Box 5521, Akron, OH 44334 (For DefendantsAppellees). 

TIMOTHY P. CANNON, P.J. 

{¶1} Appellant, Corey O’Stricker, appeals from the April 8, 2013 judgment entry 

of the Portage County Court of Common Pleas, denying his motion for relief from 

judgment.
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{¶2} A review of the record in this case reveals that on August 27, 2012, 

appellant filed a motion for relief from judgment from a July 30, 2012 order. In that 

entry, the trial court granted appellees’, Michael L. Pryce, M.D. and Stow-Kent 

Orthopedics, Inc., motion to dismiss appellant’s complaint for failure to provide an 

affidavit in compliance with Civ.R. 10(D)(2). Appellant appealed that entry with this 

court on August 28, 2012. This court dismissed that appeal for lack of a final, 

appealable order on November 5, 2012. O’Stricker v. Robinson Mem. Hosp. Found., 

11th Dist. Portage No. 2012-P-0104, 2012-Ohio-5123, ¶7. On April 8, 2013, the trial 

court denied appellant’s August 27, 2012 motion for relief from judgment pursuant to 

Civ.R. 60(B). Appellant filed the instant appeal on May 7, 2013, as a result of the denial 

of his motion for relief from judgment. 

{¶3} On June 27, 2013, appellees filed a motion to dismiss the appeal for lack 

of a final, appealable order because the trial court has not disposed of all claims against 

the other parties in the underlying action, and there has been no Civ.R. 54(B) 

determination that “there is no just reason for delay.”

{¶4} It is well settled that “an order must be final before it can be reviewed by 

an appellate court. If an order is not final, then an appellate court has no jurisdiction.” 

Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17, 19 (1989). Normally, the 

grant or denial of a motion for relief from judgment is a final, appealable order pursuant 

to R.C. 2505.02(B)(3). See, e.g., Bencin v. Bencin, 9th Dist. Medina Nos. 10CA0097-M 

& 11CA0113-M, 2012-Ohio-4197, ¶11. 

{¶5} Here, the trial court’s July 30, 2012 entry was interlocutory because there 

were claims still pending in the trial court. A motion for relief from judgment is permitted 

only for relief from a final judgment. Thus, although appellant labeled its August 27, 
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2012 motion as a motion for relief from judgment pursuant to Civ.R. 60(B), it was 

essentially a motion for reconsideration of an interlocutory order that could be modified 

at any time before entering final judgment because claims remained pending. See 

Harris v. Lucic Gen. Contrs., Inc., 11th Dist. Lake No. 2011-L-112, 2012-Ohio-2004, 

¶15. 

{¶6} The record clearly indicates that there are claims still pending in the trial 

court involving Robinson Memorial Hospital Foundation and Ohio Conference of 

Plasters & Cement Masons Health & Welfare Fund. As the proceedings in the 

underlying action were not completed before appellant filed his August 27, 2012 motion 

for relief from judgment, it was simply a motion for reconsideration of a non-final order. 

Therefore, the April 8, 2013 appealed entry is not final under R.C. 2505.02 and Civ.R. 

54(B). 

{¶7} Based upon the foregoing analysis, appellees’ motion to dismiss the 

appeal is granted. This court lacks jurisdiction to consider this matter. 

{¶8} Appeal dismissed. 

CYNTHIA WESTCOTT RICE, J., 

THOMAS R. WRIGHT, J., 

concur.