Court Declines to Hear Appeal of Partial Summary Judgment

CLEVELAND - An Ohio appellate court said June 26 that procedural grounds prevent it from considering a welding fume plaintiff's appeal of partial summary judgment granted to manufacturer defendants. Boyd v. Lincoln Electric Co., et al., 2008-Ohio-3044 (Ohio Ct. App.).

Ohio's 8th Appellate District said that in certifying its order for immediate appeal, the Cuyahoga Court of Common Pleas failed to include language that "there is no just reason for delay."

Use of those precise terms are mandatory under Civil Rule 54(b), the 8th District said, citing the Ohio Supreme Court's holding in Noble v. Colwell ([1989] Ohio St. 3d …