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(122nd General Assembly)(Substitute House Bill Number 394)
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
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
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
(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