Opinion
No. 84-1522
Decided July 3, 1985.
Appellate procedure — Foreclosure — Appeal from entry of confirmation and distribution untimely, when — App. R. 3, 4(A) and R.C. 2505.02, construed.
APPEAL from the Court of Appeals for Pickaway County.
Willard and Mary Belle Speakman executed and delivered a mortgage deed to the Third National Bank of Circleville, Ohio, appellee, in order to secure a promissory note. The Speakmans subsequently sold the property in question to appellant, Stephen A. Lemaster, but agreed to continue making payments on the note. The Speakmans failed to make payments on the note and on June 30, 1982 filed a petition in bankruptcy. On June 18, 1982, appellee filed a complaint in foreclosure and sale against the Speakmans and appellant, among others. On September 2, 1982, appellee filed a motion and supporting memorandum for summary judgment. The motion for summary judgment was granted on November 2, 1982 as to appellant without contest.
Appellant moved for a new trial and/or relief from judgment which was denied on January 24, 1983. Appellant subsequently moved for reconsideration, which motion was denied in an opinion dated February 18, 1983 and journalized on March 3, 1983.
On February 28, 1983, appellant filed a notice of appeal, for the first time, as follows:
"* * * [F]rom the Judgment Entry entered in this action November 2, 1982, from the Judgment Entry entered in this action January 25, 1983 [ sic], and from the opinion dated February 18, 1983."
The court of appeals assumed appellant intended to appeal the January 24, 1983 judgment entry since the record did not show a January 25, 1983 judgment entry.
The real estate in question was sold at a sheriff's sale March 16, 1983 and such sale was confirmed and distribution ordered on August 15, 1983. Appellant appealed this order on August 19, 1983.
On July 11, 1984, the court of appeals issued a joint opinion. As a result, appellant's appeal of the order of foreclosure and sale was dismissed based upon a failure to timely appeal. The trial court's order of confirmation was affirmed. On August 3, 1984, the dismissal of the appeal of the foreclosure and sale was journalized.
The cause is now before this court pursuant to the allowance of a motion to certify the record.
Appellant's appeal to this court is from the August 3, 1984 judgment entry relating to the foreclosure and sale order.
Melody L. Steely, for appellee.
James R. Kingsley and John R. Adkins, for appellant.
Appellant argues that the only final appealable order is the entry of confirmation and distribution. The November 2, 1982 judgment entry granting summary judgment or the January 24, 1983 entry denying a new trial are the final orders from which appellant should have appealed. Oberlin Savings Bank v. Fairchild (1963), 175 Ohio St. 311 [25 O.O.2d 181], is explicit and dispositive in this regard as are App. R. 3 and 4(A) and R.C. 2505.02.
Accordingly, we affirm the judgment of the court of appeals.
Judgment affirmed.
CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.