As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                             Sub. 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           

                       SENATORS CUPP-LATTA                         11           


                                                                   13           

                           A   B I L L                                          

             To amend section 2505.02 of the Revised Code to       14           

                specify circumstances under which an order         15           

                granting or denying a provisional remedy is a      16           

                final appealable order and to specify that an      18           

                order that determines whether an action may be     19           

                maintained as a class action is a final            20           

                appealable order.                                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That section 2505.02 of the Revised Code be      23           

amended to read as follows:                                        24           

      Sec. 2505.02.  (A)  AS USED IN THIS SECTION:                 33           

      (1)  "SUBSTANTIAL RIGHT" MEANS A RIGHT THAT THE UNITED       36           

STATES CONSTITUTION, THE OHIO CONSTITUTION, A STATUTE, THE COMMON  37           

LAW, OR A RULE OF PROCEDURE ENTITLES A PERSON TO ENFORCE OR        38           

PROTECT.                                                                        

      (2)  "SPECIAL PROCEEDING" MEANS AN ACTION OR PROCEEDING      40           

THAT IS SPECIALLY CREATED BY STATUTE AND THAT PRIOR TO 1853 WAS    41           

NOT DENOTED AS AN ACTION AT LAW OR A SUIT IN EQUITY.               42           

      (3)  "PROVISIONAL REMEDY" MEANS A PROCEEDING ANCILLARY TO    44           

AN ACTION, INCLUDING, BUT NOT LIMITED TO, A PROCEEDING FOR A       45           

PRELIMINARY INJUNCTION, ATTACHMENT, DISCOVERY OF PRIVILEGED        46           

MATTER, OR SUPPRESSION OF EVIDENCE.                                47           

      (B)  AN ORDER IS A FINAL ORDER THAT MAY BE REVIEWED,         49           

                                                          2      

                                                                 
AFFIRMED, MODIFIED, OR REVERSED, WITH OR WITHOUT RETRIAL, WHEN IT  50           

IS ONE OF THE FOLLOWING:                                           51           

      (1)  An order that affects a substantial right in an action  53           

which THAT in effect determines the action and prevents a          55           

judgment, an;                                                                   

      (2)  AN order that affects a substantial right made in a     58           

special proceeding or upon a summary application in an action      59           

after judgment, or an;                                                          

      (3)  AN order that vacates or sets aside a judgment or       63           

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

affirmed, modified, or reversed, with or without retrial;          64           

      (4)  AN ORDER THAT GRANTS OR DENIES A PROVISIONAL REMEDY     66           

AND TO WHICH BOTH OF THE FOLLOWING APPLY:                          67           

      (a)  THE ORDER IN EFFECT DETERMINES THE ACTION WITH RESPECT  69           

TO THE PROVISIONAL REMEDY AND PREVENTS A JUDGMENT IN THE ACTION    70           

IN FAVOR OF THE APPEALING PARTY WITH RESPECT TO THE PROVISIONAL    71           

REMEDY.                                                                         

      (b)  THE APPEALING PARTY WOULD NOT BE AFFORDED A MEANINGFUL  73           

OR EFFECTIVE REMEDY BY AN APPEAL FOLLOWING FINAL JUDGMENT AS TO    74           

ALL PROCEEDINGS, ISSUES, CLAIMS, AND PARTIES IN THE ACTION.        75           

      (5)  AN ORDER THAT DETERMINES THAT AN ACTION MAY OR MAY NOT  77           

BE MAINTAINED AS A CLASS ACTION.                                   78           

      (C)  When a court issues an order that vacates or sets       80           

aside a judgment or grants a new trial, the court, upon the        82           

request of either party, shall state in the order the grounds      83           

upon which the new trial is granted or the judgment vacated or     84           

set aside.                                                                      

      (D)  THIS SECTION APPLIES TO AND GOVERNS ANY ACTION,         86           

INCLUDING AN APPEAL, THAT IS PENDING IN ANY COURT ON THE           87           

EFFECTIVE DATE OF THIS AMENDMENT AND ALL CLAIMS FILED OR ACTIONS   88           

COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT,        89           

NOTWITHSTANDING ANY PROVISION OF ANY PRIOR STATUTE OR RULE OF LAW  90           

OF THIS STATE.                                                                  

      Section 2.  That existing section 2505.02 of the Revised     92           

                                                          3      

                                                                 
Code is hereby repealed.                                           93