# Brown v. Brown, Unpublished Decision (12-26-2001)

> Ohio Court of Appeals · December 26, 2001

URL: https://www.frixlaw.com/law-library/cases/3761723

## Case

- **Full name:** Douglas O. Brown, First Party-Appellee v. Amy M. Brown, Nka Stratton, Second Party-Appellant.
- **Court:** Ohio Court of Appeals
- **Decided:** December 26, 2001
- **Precedential status:** Unpublished
- **Opinion:** Dissent
- **Judges:** EVANS, J.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3761723

## Opinion text

I respectfully dissent. I would dismiss this appeal for lack of a final appealable order.
I agree with the majority that we presume that the trial court overruled a motion that is outstanding at the time a judgment is entered. Here, however, we do not have a motion that is outstanding. Instead, we have part of a motion. Thus, in my view, we have an issue pending, not a motion. Consequently, I would dismiss this appeal without addressing any of the assignments of error. Thus, I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3761723. Public record. Not legal advice.
