CASTROVINCI v. HABEEB

No. 94511.

2010 Ohio 6022

Joseph Castrovinci, D.B.A. J.C. Heating & Cooling, LLC, Plaintiff-Appellee, v. Gary Habeeb, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: December 9, 2010.


Attorney(s) appearing for the Case

Paul Mancino, Jr. , 75 Public Square, Suite 1016, Cleveland, Ohio 44113-2098, Attorney for Appellant.

Donald A. Mausar , Amanda Rasbach Yurechko , Weltman, Weinberg & Reis, 323 West Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Rocco, P.J., Stewart, J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, P.J.

{¶ 1} Defendant-appellant, Gary Habeeb, appeals from a common pleas court judgment in favor of plaintiff-appellee, Joseph Castrovinci, based upon a jury verdict as well as the court's order overruling his motion for a new trial. We find that the judgment is not final and appealable because the court has not disposed of appellant's counterclaim. Therefore, we must dismiss this appeal.

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