MASHETER v. BENUA

No. 9804.

24 Ohio App. 2d 7 (1970)

MASHETER, DIR. OF HWYS., APPELLANT, v. BENUA ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided July 28, 1970.


Attorney(s) appearing for the Case

Mr. Paul W. Brown, attorney general, and Mr. Harry R. Paulino, for appellant.

Messrs. Porter, Stanley, Treffinger & Platt, Mr. Frederick O. Jolley, Mr. C. Howard Johnson, prosecuting attorney, and Mr. William Holmes, for appellees.


STERN, J.

This is an appeal by the plaintiff from an order issued by the Court of Common Pleas of Franklin County setting aside and holding for naught the default judgment rendered in favor of the state of Ohio on November 13, 1969. Appellees, defendants below, filed a motion to dismiss the appeal on the ground that the order appealed is not a "final appealable order."

Plaintiff filed a petition on August 1, 1969, in the

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