As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 394  5            

      1997-1998                                                    6            


 REPRESENTATIVES MASON-KRUPINSKI-TIBERI-HARRIS-TAYLOR-WILLIAMS-    8            

       MOTTLEY-GARCIA-PADGETT-REID-SCHUCK-FORD-LEWIS-OGG-          9            

     TERWILLEGER-CORBIN-O'BRIEN-GRENDELL-WINKLER-MYERS-ROMAN       10           


                                                                   12           

                           A   B I L L                                          

             To amend section 2505.02 of the Revised Code to       13           

                specify circumstances under which an order         14           

                granting or denying a provisional  remedy is a     15           

                final appealable order.                            16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 2505.02 of the Revised Code be      19           

amended to read as follows:                                        20           

      Sec. 2505.02.  (A)  AS USED IN THIS SECTION:                 29           

      (1)  "SUBSTANTIAL RIGHT" MEANS A RIGHT THAT THE UNITED       32           

STATES CONSTITUTION, THE OHIO CONSTITUTION, A STATUTE, THE COMMON  33           

LAW, OR A RULE OF PROCEDURE ENTITLES A PERSON TO ENFORCE OR        34           

PROTECT.                                                                        

      (2)  "SPECIAL PROCEEDING" MEANS AN ACTION OR PROCEEDING      36           

THAT IS SPECIALLY CREATED BY STATUTE AND THAT PRIOR TO 1853 WAS    37           

NOT DENOTED AS AN ACTION AT LAW OR A SUIT IN EQUITY.               38           

      (3)  "PROVISIONAL REMEDY" MEANS A PROCEEDING ANCILLARY TO    40           

AN ACTION, INCLUDING, BUT NOT LIMITED TO, A PROCEEDING FOR A       41           

PRELIMINARY INJUNCTION, ATTACHMENT, DISCOVERY OF PRIVILEGED        42           

MATTER, OR SUPPRESSION OF EVIDENCE.                                43           

      (B)  AN ORDER IS A FINAL ORDER THAT MAY BE REVIEWED,         45           

AFFIRMED, MODIFIED, OR REVERSED, WITH OR WITHOUT RETRIAL, WHEN IT  46           

IS ONE OF THE FOLLOWING:                                           47           

      (1)  An order that affects a substantial right in an action  49           

which THAT in effect determines the action and prevents a          51           

                                                          2      

                                                                 
judgment, an;                                                                   

      (2)  AN order that affects a substantial right made in a     54           

special proceeding or upon a summary application in an action      55           

after judgment, or an;                                                          

      (3)  AN order that vacates or sets aside a judgment or       59           

grants a new trial is a final order that may be reviewed,                       

affirmed, modified, or reversed, with or without retrial;          60           

      (4)  AN ORDER THAT GRANTS OR DENIES A PROVISIONAL REMEDY     62           

AND TO WHICH BOTH OF THE FOLLOWING APPLY:                          63           

      (a)  THE ORDER IN EFFECT DETERMINES THE ACTION WITH RESPECT  65           

TO THE PROVISIONAL REMEDY AND PREVENTS A JUDGMENT IN THE ACTION    66           

IN FAVOR OF THE APPEALING PARTY WITH RESPECT TO THE PROVISIONAL    67           

REMEDY.                                                                         

      (b)  THE APPEALING PARTY WOULD NOT BE AFFORDED A MEANINGFUL  69           

OR EFFECTIVE REMEDY BY AN APPEAL FOLLOWING FINAL JUDGMENT AS TO    70           

ALL PROCEEDINGS, ISSUES, CLAIMS, AND PARTIES IN THE ACTION.        71           

      (C)  When a court issues an order that vacates or sets       73           

aside a judgment or grants a new trial, the court, upon the        75           

request of either party, shall state in the order the grounds      76           

upon which the new trial is granted or the judgment vacated or     77           

set aside.                                                                      

      Section 2.  That existing section 2505.02 of the Revised     79           

Code is hereby repealed.                                           80