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TALBOTT v. FOUNTAS

No. 84AP-148.

16 Ohio App. 3d 226 (1984)

TALBOTT ET AL., APPELLEES, v. FOUNTAS ET AL., APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided May 24, 1984.

Attorney(s) appearing for the Case

Martin, Eichenberger & Baxter Co., L.P.A., and Mr. Jerry A. Eichenberger, for appellees.

Messrs. Sheward & Weiner and Mr. Samuel B. Weiner, for appellants.

REILLY, J.

Plaintiffs-appellees' motion for an award of attorney fees for a frivolous appeal, pursuant to App. R. 23, is not well-taken.

A frivolous appeal under App. R. 23 is essentially one which presents no reasonable question for review. While an appeal which is brought from an order which is not final and appealable pursuant to R.C. 2505.02 is subject to dismissal for lack of jurisdiction, it is not frivolous within the provision of App. R. 23. When dismissal...

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