Ohio § 2505.02

§ 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, suppression

of evidence, a prima-facie showing pursuant to section 2307.85 or 2307.86 of the Revised Code , a prima-facie showing pursuant to section 2307.92 of the Revised Code , or a finding made pursuant to division (A)(3) of section 2307.93 of the Revised Code . (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 following: (1) An order that affects a substantial right in an action that in effect determines

the action and prevents a judgment; (2) An order that affects a substantial right made in a special proceeding or upon a

summary application in an action after judgment; (3) An order that vacates or sets aside a judgment or grants a new trial; (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; (6) An order determining the constitutionality of any changes to the Revised Code made

by Am. Sub. S.B. 281 of the 124th general assembly, including the amendment of sections 1751.67,

2117.06, 2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22,

2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 4705.15, and 5111.018

(renumbered as 5164.07 by H.B. 59 of the 130th general assembly 1 ), and the enactment of sections 2305.113 , 2323.41 , 2323.43 , and 2323.55 of the Revised Code or any changes made by Sub. S.B. 80 of the 125th general assembly, including the amendment of sections 2125.02 , 2305.10 , 2305.131 , 2315.18 , 2315.19 , and 2315.21 of the Revised Code ; (7) An order in an appropriation proceeding that may be appealed pursuant to division (B)(3) of section 163.09 of the Revised Code ; (8) An order restraining or restricting enforcement, whether on a temporary, preliminary,

or permanent basis, in whole or in part, facially or as applied, of any state statute

or regulation, including, but not limited to, orders in the form of injunctions, declaratory

judgments, or writs; (9) An order that denies a motion for expedited relief pursuant to section 2747.04 of the Revised Code . (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 July 22, 1998, and all claims filed or actions commenced on or after

July 22, 1998, notwithstanding any provision of any prior statute or rule of law of

this state. 1

 2013 H 59.