The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
***
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
***
|
(122nd General Assembly)(Substitute House Bill Number 394)
AN ACT
To amend section 2505.02 of the Revised Code to specify circumstances
under which an order granting or denying a provisional
remedy is a final
appealable order
and to specify that an order
that determines whether an action may be maintained as a class
action is a final appealable order.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2505.02 of the Revised Code be amended to read as
follows:
Sec. 2505.02. (A) As used in this section: (1) "Substantial right" means a right that the United
States Constitution, the Ohio
Constitution, a statute, the common
law, or a rule of procedure entitles a person to enforce or protect. (2) "Special proceeding" means an action or proceeding that is specially
created by statute and that prior to 1853 was not denoted as an action at law
or a suit in equity. (3) "Provisional remedy" means a proceeding ancillary to an action,
including, but not limited to, a proceeding for a preliminary injunction,
attachment, discovery of privileged matter, or
suppression of evidence. (B) An order is a final order that may be reviewed, affirmed,
modified, or reversed, with or without retrial, when it is one of the
following: (1) An order that affects a substantial right in an action
which THAT in
effect determines the action and prevents a judgment, an; (2) An order that affects a
substantial right made in a special proceeding or upon a summary application
in an action after judgment, or an; (3) An order
that vacates or sets aside a judgment
or grants a new trial is a final order that may be reviewed, affirmed,
modified, or reversed, with or without retrial; (4) An order that grants or denies a provisional remedy and to which both
of the following apply: (a) The order in effect determines the action with respect to the
provisional remedy and prevents a judgment in the action in favor of the
appealing party with respect to the provisional remedy. (b) The appealing party would not be afforded a meaningful or
effective remedy by an appeal following final judgment as to all proceedings,
issues, claims, and parties in the action. (5) An order that determines that an action may or may not be
maintained as a class action. (C) When a court issues an order that vacates or sets aside a
judgment or grants a
new trial, the court, upon the request of either party, shall state in the
order the grounds upon which the new trial is granted or the judgment vacated
or set aside. (D) This section applies to and governs any action, including an
appeal, that is pending in any court on the effective date of this amendment
and all claims filed or actions commenced on or after the effective date of
this amendment, notwithstanding any provision of any prior statute or rule of
law of this state. SECTION 2 . That existing section 2505.02 of the Revised Code is hereby
repealed.
|