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