As Passed by the Senate 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-BLESSING-B. JOHNSON-NEIN-FINAN- 11
HORN-MUMPER 12
14
A B I L L
To amend section 2505.02 of the Revised Code to 15
specify circumstances under which an order 16
granting or denying a provisional remedy is a 17
final appealable order and to specify that an 19
order that determines whether an action may be 20
maintained as a class action is a final 21
appealable order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 2505.02 of the Revised Code be 24
amended to read as follows: 25
Sec. 2505.02. (A) AS USED IN THIS SECTION: 34
(1) "SUBSTANTIAL RIGHT" MEANS A RIGHT THAT THE UNITED 37
STATES CONSTITUTION, THE OHIO CONSTITUTION, A STATUTE, THE COMMON 38
LAW, OR A RULE OF PROCEDURE ENTITLES A PERSON TO ENFORCE OR 39
PROTECT.
(2) "SPECIAL PROCEEDING" MEANS AN ACTION OR PROCEEDING 41
THAT IS SPECIALLY CREATED BY STATUTE AND THAT PRIOR TO 1853 WAS 42
NOT DENOTED AS AN ACTION AT LAW OR A SUIT IN EQUITY. 43
(3) "PROVISIONAL REMEDY" MEANS A PROCEEDING ANCILLARY TO 45
AN ACTION, INCLUDING, BUT NOT LIMITED TO, A PROCEEDING FOR A 46
PRELIMINARY INJUNCTION, ATTACHMENT, DISCOVERY OF PRIVILEGED 47
MATTER, OR SUPPRESSION OF EVIDENCE. 48
2
(B) AN ORDER IS A FINAL ORDER THAT MAY BE REVIEWED, 50
AFFIRMED, MODIFIED, OR REVERSED, WITH OR WITHOUT RETRIAL, WHEN IT 51
IS ONE OF THE FOLLOWING: 52
(1) An order that affects a substantial right in an action 54
which THAT in effect determines the action and prevents a 56
judgment, an;
(2) AN order that affects a substantial right made in a 59
special proceeding or upon a summary application in an action 60
after judgment, or an;
(3) AN order that vacates or sets aside a judgment or 64
grants a new trial is a final order that may be reviewed,
affirmed, modified, or reversed, with or without retrial; 65
(4) AN ORDER THAT GRANTS OR DENIES A PROVISIONAL REMEDY 67
AND TO WHICH BOTH OF THE FOLLOWING APPLY: 68
(a) THE ORDER IN EFFECT DETERMINES THE ACTION WITH RESPECT 70
TO THE PROVISIONAL REMEDY AND PREVENTS A JUDGMENT IN THE ACTION 71
IN FAVOR OF THE APPEALING PARTY WITH RESPECT TO THE PROVISIONAL 72
REMEDY.
(b) THE APPEALING PARTY WOULD NOT BE AFFORDED A MEANINGFUL 74
OR EFFECTIVE REMEDY BY AN APPEAL FOLLOWING FINAL JUDGMENT AS TO 75
ALL PROCEEDINGS, ISSUES, CLAIMS, AND PARTIES IN THE ACTION. 76
(5) AN ORDER THAT DETERMINES THAT AN ACTION MAY OR MAY NOT 78
BE MAINTAINED AS A CLASS ACTION. 79
(C) When a court issues an order that vacates or sets 81
aside a judgment or grants a new trial, the court, upon the 83
request of either party, shall state in the order the grounds 84
upon which the new trial is granted or the judgment vacated or 85
set aside.
(D) THIS SECTION APPLIES TO AND GOVERNS ANY ACTION, 87
INCLUDING AN APPEAL, THAT IS PENDING IN ANY COURT ON THE 88
EFFECTIVE DATE OF THIS AMENDMENT AND ALL CLAIMS FILED OR ACTIONS 89
COMMENCED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, 90
NOTWITHSTANDING ANY PROVISION OF ANY PRIOR STATUTE OR RULE OF LAW 91
OF THIS STATE.
3
Section 2. That existing section 2505.02 of the Revised 93
Code is hereby repealed. 94